Neshaminy, Inc. v. Hastings

—Judgment unanimously reversed, without costs, and matter remitted to respondent Hastings for further proceedings in accordance with memorandum. Denman, J., not participating. Memorandum: Petitioner operates a tavern in the City of Rochester known as the Club West Indies. Upon the denial of its application for a class D amusement license to permit dancing and live entertainment at the premises, petitioner instituted this article 78 proceeding to compel the issuance of the license. The grounds relied upon by the respondent chief of police to justify the denial were first stated only after this…