decided: June 4, 1969.
IN THE MATTER OF MAR-JEAR RESTAURANT CORP., APPELLANT,
NEW YORK STATE LIQUOR AUTHORITY, RESPONDENT
Matter of Mar-Jear Rest. Corp. v. New York State Liq. Auth., 31 A.D.2d 741, affirmed.
Concur: Chief Judge Fuld and Judges Burke, Bergan and Jasen. Judges Scileppi and Breitel dissent.
Order affirmed, without costs; no opinion. Judges Scileppi and Breitel dissent and vote to reverse and remand to the Authority to reinvestigate the application and then act anew on the application, on the ground that the Authority based its present determination on no more than a series of remote hearsay accusations, each of which on investigation was established to be unproved or unprovable, and on an insufficiently relevant comparison of price to gross profit.
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