MATTER OF BECKER v. N. Y. STATE LIQ. AUTH.


21 N.Y.2d 289 (1967)

In the Matter of Otto Becker, Appellant-Respondent, v. New York State Liquor Authority, Respondent-Appellant.

Court of Appeals of the State of New York.

Decided December 29, 1967.


Attorney(s) appearing for the Case

William I. Cohen, Gerard Zwirn and Benjamin Cohen for appellant-respondent.

Joseph S. Ryan and Hyman Amsel for respondent-appellant.

Chief Judge FULD and Judges VAN VOORHIS, BURKE, SCILEPPI, BERGAN and BREITEL concur.


KEATING, J.

We are faced here with the two-fold problem of what behavior on the part of homosexuals constitutes disorder in a public place and when disorderly behavior is such that the licensee should reasonably have known of it. (Alcoholic Beverage Control Law, § 106, subd. 6.)

The police officer in this case testified that he was in the subject bar and grill for about 35 minutes.

"During...

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