Opinion
Argued April 3, 1962
Decided April 26, 1962
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department.
Emanuel D. Black and Hyman Amsel for appellants.
Philip S. Gellman and Robert I. Millonzi for respondent.
Order reversed, determination of the State Liquor Authority reinstated and petition dismissed, with costs in this court and in the Appellate Division, for the reasons stated in the dissenting opinion at the Appellate Division. No opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, BURKE and FOSTER. Judge VAN VOORHIS dissents and votes to affirm ( Matter of Sheibar v. New York State Liq. Auth., 4 A.D.2d 442, affd. 4 N.Y.2d 984).