Opinion
June 22, 1989
Appeal from the Supreme Court, New York County (Stanley Parness, J.).
Respondent State Liquor Authority found petitioner guilty of maintaining on its premises a "Sureshot" machine, a video display game similar to "Joker Poker", in violation of Alcoholic Beverage Control Law § 106 (6) and 9 NYCRR 53.1 (t), prohibiting gambling on premises licensed to sell alcoholic beverages. The penalty imposed was a 10-day deferred suspension of license and forfeiture of the $1,000 compliance bond petitioner was required to post as a licensee. Respondent characterizes this penalty as "mild", but IAS thought it excessive insofar as it directed forfeiture of the bond. As petitioner itself recognizes, several recent decisions of this court issued subsequent to IAS's decision in this matter are directly on point and mandate a reversal (Matter of Norwood Pub v. State Liq. Auth., 145 A.D.2d 322; Matter of Plato's Cave Corp. v. State Liq. Auth., 145 A.D.2d 322; Matter of Guastavino v. State Liq. Auth., 145 A.D.2d 324).
Concur — Murphy, P.J., Sullivan, Carro, Wallach and Rubin, JJ.