Gerbino v. New York State Liquor Authority — 12 N.Y.2d 904

Majority

p. 904

In the Matter of William Gerbino, Respondent, v. New York State Liquor Authority, Appellant.

Argued January 15, 1963;

decided January 23, 1963.

p. 905

John J. Hyland and Hyman Amsel for appellant.

Samuel Mirer for respondent.

Order of the Appellate Division reversed and the determination of the State Liquor Authority confirmed, without costs, upon the ground that there was substantial evidence before the Authority to support its conclusion that the licensee suffered or permitted gambling on the licensed premises in violation of

p. 906

subdivision 6 of section 106 of the Alcoholic Beverage Control Law (see, e.g., Matter of Avon Bar & Grill v. O’Connell, 301 N. Y. 150 ). No opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Van Voorhis, Burke, Foster and Scileppi.

Cases cited

Avon Bar & Grill, Inc. v. O'Connell 301 N. Y. 150 N.Y. 1950-07-11 p. 906

Statutes and regulations cited

Alcoholic Beverage Control Law p. 906