Opinion
Submitted September 2, 1980
Decided September 9, 1980
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department.
Abraham Walters, Abraham M. Buchman, Raymond Reisler, Joel Buchman and Mark A. Koslowe for appellant.
Warren B. Pesetsky and John J. Hyland for respondent.
Robert Abrams, Attorney-General (Shirley Adelson Siegel and Burton Herman of counsel), in his statutory capacity pursuant to section 71 of the Executive Law.
Upon reargument, judgment reversed, with costs, and the determination of the State Liquor Authority annulled (California Retail Liq. Dealers v Midcal Aluminum, 445 U.S. 97).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.