Triolo v. Johnson

In this article 78 proceeding the petitioner, a duly licensed retail liquor store dealer in the City of Albany, New York, on behalf of himself and certain other dealers similarly situated, seeks to annul an order of the respondent, the Albany County Alcoholic Beverage Control Board dated October 6, 1970, which limited the hours of retail sale of wines and liquors for off-premises consumption to 9:00 a.m. until 9:00 p.m. on weekdays and 10:00 a.m. until 12:00 noon for certain holidays. The effect of the order is to limit the State law which prohibits such sales only between 12:00 midnight and…