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Matter of 162 Gardiners Ave. v. New York St.

Appellate Division of the Supreme Court of New York, Second Department
Mar 4, 1991
171 A.D.2d 662 (N.Y. App. Div. 1991)

Opinion

March 4, 1991


Adjudged that the petition is granted, the determination is annulled, without costs or disbursements, and the charges are dismissed.

Although the evidence adduced at the administrative hearing established that a "Big Apple" video poker game was in operation on the licensed premises during an inspection in April 1987, the record fails to establish that the subject video game awarded a player anything of value for drawing a winning hand, including an extension of playing time or a free game (cf., Matter of Cos Dei San v New York State Liq. Auth., 147 A.D.2d 370). The record therefore lacks substantial evidence to support the respondent's determination that the subject video game was a gambling device of the type prohibited by 9 NYCRR 53.1 (t), or that the petitioner permitted gambling on the licensed premises (see, Penal Law § 225.00; Alcoholic Beverage Control Law § 106; see also, Matter of Plato's Cave Corp. v New York State Liq. Auth., 68 N.Y.2d 791). Accordingly, the determination must be annulled. Bracken, J.P., Eiber, Balletta and Ritter, JJ., concur.


Summaries of

Matter of 162 Gardiners Ave. v. New York St.

Appellate Division of the Supreme Court of New York, Second Department
Mar 4, 1991
171 A.D.2d 662 (N.Y. App. Div. 1991)
Case details for

Matter of 162 Gardiners Ave. v. New York St.

Case Details

Full title:In the Matter of 162 GARDINERS AVE. LOUNGE, INC., Petitioner, v. NEW YORK…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 4, 1991

Citations

171 A.D.2d 662 (N.Y. App. Div. 1991)
567 N.Y.S.2d 143