Barry v. O'Connell

In a proceeding under article 78 of the Civil Practice Act, to review the determination of the State Liquor Authority, disapproving an application by respondent for a license to sell liquor for off-premises consumption, the authority appeals from so much of an order as directs a trial of the proceeding before a court and jury, and denies a motion by the authority to strike out a portion of the petition and an exhibit, annexed to respondent’s reply.' Order reversed on the law, with $50 costs and disbursements, 'and the- proceeding dismissed, without costs. The record discloses sufficient…