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MATTER OF HOUSE OF SEAGRAM v. STATE LIQ. AUTH

Court of Appeals of the State of New York.
Jul 2, 1969
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In the first above-entitled proceeding: Order affirmed, with costs, on the opinion at the Appellate Division.

In the second, third and fourth above-entitled proceedings: Order affirmed, with costs, on the opinion of the Appellate Division in Matter of House of Seagram v. State Liq. Auth. ( 30 A.D.2d 380).

In each of the above-entitled proceedings: The court necessarily passed upon the contention of petitioners-appellants that the imposition of a fee for the issuance of a brand label use permit to sell alcoholic beverages, insofar as it covers liquors which are imported from without the State for sale within its borders, constitutes a tax or duty of "imports" proscribed by the Import-Export Clause — article I, section 10 — of the United States Constitution and, as indicated by its affirmance "on the opinion of the Appellate Division in Matter of House of Seagram v. State Liq. Auth. ( 30 A.D.2d 380)", found the contention without merit.

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL and JASEN.