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SALEM INN, INC. v. FRANK

No. 75 C 2136.

408 F.Supp. 852 (1976)

SALEM INN, INC., Plaintiff, v. Louis F. FRANK, Individually and as Police Commissioner of Nassau County, and Michael Roth, Individually and as Chairman of the New York State Liquor Authority, Defendants.

United States District Court, E. D. New York.

February 26, 1976.

Attorney(s) appearing for the Case

Kassner & Detsky, New York City, for plaintiff, by Herbert S. Kassner, New York City.

Louis J. Lefkowitz, Atty. Gen. of N. Y., pro se pursuant to Executive Law § 71, by A. Seth Greenwald, Asst. Atty. Gen.

William E. Bandon, Counsel, New York State Liquor Authority, New York City, for defendant New York State Liquor Authority, by Martin P. Mehler, New York City.

BARTELS, District Judge.

On October 7, 1975, the New York State Liquor Authority ("SLA") commenced proceedings under §§ 118 and 119 of the New York Alcoholic Beverage Control Law (McKinney's Supp.1975-76) ("ABC Law") to revoke plaintiff's liquor license on the ground that plaintiff violated § 106(6) of the ABC Law in that it permitted the premises to become "disorderly" on June 17, June 20, and June 24, 1975, by permitting lewd and indecent performances...

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