Glaser v. Epstein

Appellate Division of the Supreme Court of New York

Glaser v. Epstein

13 A.D.2d 717, 213 N.Y.S.2d 810, 1961 N.Y. App. Div. LEXIS 11583

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 6, 1961

StatusPublished

This text of 13 A.D.2d 717 (Glaser v. Epstein) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Glaser v. Epstein, 13 A.D.2d 717, 213 N.Y.S.2d 810, 1961 N.Y. App. Div. LEXIS 11583 (N.Y. Ct. App. 1961).

Pincite

Opinion

Order unanimously reversed and proceeding dismissed, without costs of this appeal to any party. Memorandum: Special Term was without authority to direct the issuance of a license to petitioner. (Cf. Matter of Amigone v. State Liq. Auth., 12 A D 2d 993.) In accordance with the stipulation the order is reversed and the proceeding dismissed. We construe the remaining portion of the stipulation to mean that appellants’ determination revoking petitioner’s license should be confirmed. This may not be implemented because the merits of that determination are not presented by the record before us. (Appeal from order of Erie Special Term directing the Liquor Authority to issue a renewal of petitioner’s expired liquor license and to reschedule a hearing of the charges.) Present — Bastow, J. P., Goldman, Halpern, MeClusky and Henry, JJ.

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Order unanimously reversed and proceeding dismissed, without costs of this appeal to any party. Memorandum: Special Term was without authority to direct the issuance of a license to petitioner. (Cf. Matter of Amigone v. State Liq. Auth., 12 A D 2d 993.) In accordance with the stipulation the order is reversed and the proceeding dismissed. We construe the remaining portion of the stipulation to mean that appellants’ determination revoking petitioner’s license should be confirmed. This may not be implemented because the merits of that determination are not presented by the record before us. (Appeal from order of Erie Special Term directing the Liquor Authority to issue a renewal of petitioner’s expired liquor license and to reschedule a hearing of the charges.) Present — Bastow, J. P., Goldman, Halpern, MeClusky and Henry, JJ.

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Bluebook (online)

13 A.D.2d 717, 213 N.Y.S.2d 810, 1961 N.Y. App. Div. LEXIS 11583, Counsel Stack Legal Research, https://law.counselstack.com/opinion/glaser-v-epstein-nyappdiv-1961.