Marmorstein v. State Liquor Authority

Petitioner brought this article 78 proceeding to review and thereupon to annul the cancellation order of the respondent, dated February 16, 1955, revoking petitioner’s restaurant liquor license upon the finding that he had “ violated Section 65 of the Alcoholic Beverage Control Law in that he sold, delivered or gave away or permitted to be sold, delivered or given away alcoholic beverages to a minor actually or apparently, under the age of 18 years, on October 8,1954.”

Respondent has cross-moved, pursuant to section 1293 of the Civil Practice Act, to dismiss the petition as a matter of law…