E. J. Korvette, Inc. v. State Liquor Authority 21 N.Y.2d 766

21 N.Y.2d 766

In the Matter of E. J. Korvette, Inc., Appellant, v. State Liquor Authority et al., Respondents.

Argued January 9, 1968;

decided January 18, 1968.

*768Roy L. Reardon, Walter J. Josiah, Jr., and Francis H. Tweed, Jr., for appellant.

Louis J. Lefkowitz, Attorney-General (Charles A. La Torella, Jr., and Samuel A. Hirshowitz of counsel), for State Liquor Authority, respondent.

Albert I. Edelman, Edward A. Manuel and Paul E. Roberts for Al’s Liquors, Inc., respondent.

Order affirmed, with costs, in the following memorandum. Petitioner waived its right to a joint or consolidated hearing on the applications by it and Al’s Liquors, Inc., by failing to ask for such a hearing within a reasonable time after it learned that the applications involved mutual exclusivity. In view of that waiver, the court finds it unnecessary to consider the petitioner-appellant’s contention that the rule of Ashbacker Radio Corp. v. F.C.C. (326 U. S. 327) entitles it to a joint or consolidated hearing on the applications filed by itself and Al’s Liquors, Inc. That rule is hardly limited to issues of public convenience.

Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Keating, Breitel and Jasen.

E. J. Korvette, Inc. v. State Liquor Authority
21 N.Y.2d 766

Case Details

Name
E. J. Korvette, Inc. v. State Liquor Authority
Decision Date
Jan 18, 1968
Citations

21 N.Y.2d 766

Jurisdiction
New York
Court
New York Court of Appeals

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