Opinion
Argued October 5, 1953
Decided October 23, 1953
Appeal from the Supreme Court, Appellate Division, Second Department.
Alvin McKinley Sylvester, Counsel ( Robert W. Corcoran and Emanuel D. Blank of counsel), for appellant.
David Kashman and Albert A. Perlmutter for respondent.
Order of the Appellate Division, insofar as it annuls the determination of the State Liquor Authority that the licensee has ceased to conduct a bona fide restaurant, reversed, without costs, and determination of the State Liquor Authority confirmed on the ground that the findings of the State Liquor Authority are supported by substantial evidence. Appeal, insofar as it attempts to review the order of the Appellate Division annulling the determination of the State Liquor Authority which denied petitioner's application for the renewal license and remitting same to the State Liquor Authority for reconsideration, dismissed.
Concur: LEWIS, Ch. J., CONWAY, DESMOND, DYE, FULD and VAN VOORHIS, JJ. FROESSEL, J., dissents only insofar as the determination of the Authority cancelled petitioner's existing liquor license for the reasons set forth in the memorandum at the Appellate Division.