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MATTER OF O'DAY v. O'CONNELL

283 A.D. 644 (1954)

In the Matter of Michael F. O'Day, Petitioner, v. John F. O'Connell et al., Constituting The State Liquor Authority, Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

April 13, 1954.

Attorney(s) appearing for the Case

Solomon H. Friesner of counsel (Van Buren, Schreiber & Kaplan, attorneys), for petitioner.

Philip Wilens of counsel (Alvin McKinley Sylvester, attorney), for respondents.

DORE and BOTEIN, JJ., concur; PECK, P. J., and BASTOW, J., dissent and vote to confirm.

COHN, J.

This proceeding under article 78 of the Civil Practice Act brings up for review a determination of the State Liquor Authority suspending a restaurant liquor license of petitioner for ten days. The suspension by the State Liquor Authority was predicated on a finding that the petitioner had suffered or permitted gambling on the licensed premises, in violation of subdivision 6 of section 106 of the Alcoholic...

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