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Matter of Corcoran v. New York St. Liquor Auth

Appellate Division of the Supreme Court of New York, Second Department
Feb 10, 1958
5 A.D.2d 840 (N.Y. App. Div. 1958)

Opinion

February 10, 1958


This proceeding to review a determination made by respondents suspending petitioner's restaurant liquor license for 10 days for violation of subdivision 6 of section 106 Alco. Bev. Cont. of the Alcoholic Beverage Control Law in that he suffered or permitted gambling on the licensed premises has been transferred to this court. (Civ. Prac. Act, § 1296.) Determination confirmed, without costs. No opinion. Beldock, Acting P.J., Ughetta and Hallinan, JJ., concur; Murphy and Kleinfeld, JJ., dissent and vote to annul the determination and to remit the matter to the respondents for further proceedings not inconsistent with the following memorandum: There was not sufficient proof that the petitioner permitted gambling on the premises. He was not present when the incidents testified to by the officers took place. Although the dismissal of the book-making charge in the Magistrate's Court is not binding on the respondents, it should be considered where the issue is close, as here. The petitioner's establishment is a neighborhood place and the suspension of his license is a reflection on him and his place of business.


Summaries of

Matter of Corcoran v. New York St. Liquor Auth

Appellate Division of the Supreme Court of New York, Second Department
Feb 10, 1958
5 A.D.2d 840 (N.Y. App. Div. 1958)
Case details for

Matter of Corcoran v. New York St. Liquor Auth

Case Details

Full title:In the Matter of JOSEPH J. CORCORAN, Petitioner, against NEW YORK STATE…

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

Date published: Feb 10, 1958

Citations

5 A.D.2d 840 (N.Y. App. Div. 1958)