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MATTER OF AVON BAR & GRILL v. O'CONNELL

301 N.Y. 150 (1950)

In the Matter of Avon Bar & Grill, Inc., Respondent, v. John F. O'Connell et al., Constituting The State Liquor Authority, Appellants.

Court of Appeals of the State of New York.

Decided July 11, 1950

Attorney(s) appearing for the Case

Alvin McKinley Sylvester for appellants.

William J. O'Hara and Caesar L. Pitassy for respondent.

LOUGHRAN, Ch. J., LEWIS, DESMOND, DYE, FULD and FROESSEL, JJ., concur.

CONWAY, J.

The State Liquor Authority (hereinafter called the Authority) suspended petitioner's restaurant liquor license for five days. The suspension order was based on the finding that petitioner had violated subdivision 6 of section 106 of the Alcoholic Beverage Control Law which provides in part: "No person licensed to sell alcoholic beverages shall suffer or permit any gambling on the licensed premises ...

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