Opinion
Argued February 13, 1968
Decided February 22, 1968
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department.
Melvyn N. Thaler for appellant.
Milton Koerner and Hyman Amsel for respondent.
Order affirmed, with costs, in the following memorandum: Because a cancellation rather than a revocation of license is involved petitioner is now presumably entitled to apply for a new license (see Alcoholic Beverage Control Law, § 126, subd. 5). Should such application be made the Authority would, of course, be entitled to consider petitioner's misguided reliance on the absence of specific legislative prohibitions at the time of the practices condemned by it and to weigh the sincerity of petitioner's protestations that it is prepared to abide by the applicable law.
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, KEATING, BREITEL and JASEN.