Order unanimously affirmed, with $25 costs and disbursements. Memorandum: The pertinent denials contained in the answer of the Authority are not supported by affidavits in accordance with section 1291 of the Civil Practice Act so no triable issue of fact is presented and the matter may be disposed of in the same manner as upon a motion for summary judgment (Matter of Rotkiewicz v. Department of Mental Hygiene, 283 App. Div. 458, affd. 307 N. Y. 847). Petitioner had licenses for two separate establishments. On September 28, 1959 the Authority announced a determination that the renewal of the two licenses would not be approved unless petitioner signed a stipulation that he would sell one of the licensed premises to a qualified purchaser within three months. The stipulation was signed and both licenses renewed. Thereafter periodic extensions of the time limit were
