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MATTER OF KATZ'S DELICATESSEN v. O'CONNELL

302 N.Y. 286 (1951)

In the Matter of Katz's Delicatessen, Inc., Doing Business under the Name of Katz's Delicatessen, Respondent, v. John F. O'Connell et al., Constituting The State Liquor Authority, Appellants.

Court of Appeals of the State of New York.

Decided March 8, 1951

Attorney(s) appearing for the Case

Alvin McKinley Sylvester for appellants.

Morton S. Robson and Eugene J. Robson for respondent.

LOUGHRAN, Ch. J., LEWIS, CONWAY and DESMOND, JJ., concur with DYE, J.; FULD and FROESSEL, JJ., dissent and vote to affirm for the reasons set forth in the opinion of the Appellate Division.

DYE, J.

The State Liquor Authority, after notice and hearing, suspended for five days the petitioner's retail beer license for having suffered and permitted gambling on the licensed premises in violation of subdivision 6 of section 106 of the Alcoholic Beverage Control Law which provides: "6. No person licensed to sell alcoholic beverages shall suffer or permit any gambling on the licensed premises, or...

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