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MATTER OF MIGLIACCIO v. O'CONNELL

307 N.Y. 566 (1954)

In the Matter of Americo Migliaccio, Respondent, v. John F. O'Connell et al., Individually and as Members of The State Liquor Authority, Appellants.

Court of Appeals of the State of New York.

Decided November 18, 1954

Attorney(s) appearing for the Case

Alvin McKinley Sylvester, Philip Wilens and Emanuel D. Black for appellants.

James M. Fawcett for respondent.

CONWAY, FROESSEL and VAN VOORHIS, JJ., concur with LEWIS, Ch. J.; DESMOND, DYE and FULD, JJ., dissent and vote to reverse the order appealed from, with costs, and to reinstate the determination of the Liquor Authority, upon the ground that whether or not the bartender actually heard the language used by the women, he was put on notice, by their persistent behavior, that both of them were, in fact, soliciting male patrons for immoral purposes in the licensed premises and that he thus permitted the premises to become disorderly.

LEWIS, Ch. J.

In this proceeding under article 78 of the Civil Practice Act — which was transferred to the Appellate Division for disposition (Civ. Prac. Act, § 1296) — an appeal by the State Liquor Authority brings to us for review a record upon which the Appellate Division has unanimously annulled a determination by the Authority which revoked the petitioner-licensee's restaurant liquor license and directed...

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