
    In the Matter of Anthony Guddemi, Doing Business as Christmas Tree Inn, Respondent, v. New York State Liquor Authority, Appellant.
   Order of the Supreme Court, Richmond County, dated July 18, 1966, reversed insofar as appealed from, without costs, and motion denied. The averment of petitioner’s attorney that penalty is not an issue in this proceeding is insufficient to take that factor out of the case. Ughetta, Acting P. J., Christ, Brennan, Rabin and Hopkins, JJ., concur.  