Opinion
Submitted March 23, 1964
Decided March 26, 1964
Motion to amend remittitur granted. Return of remittitur requested and, when returned, it will be amended by adding thereto the following: Upon the appeal herein there were presented and necessarily passed upon questions under the Constitution of the United States, to wit: Appellant contended that a law of the State of New York, section B32-297.0 (subd. d) of the Administrative Code of the City of New York, as construed by the court below, violates the Fourteenth Amendment of the United States Constitution by granting to a licensing official unfettered control over the grant or denial of a cabaret license to appellant. Appellant also contended that there was no evidence in the record which rationally justified respondent's finding that appellant was not entitled to a cabaret license, and that the denial of a license upon the basis of no rational evidence violates the Fourteenth Amendment to the United States Constitution. The Court of Appeals held that there were no such violations.