MATTER OF CORCORAN v. NEW YORK STATE LIQUOR AUTH.


5 A.D.2d 840 (1958)

In the Matter of Joseph J. Corcoran, Petitioner, v. New York State Liquor Authority et al., Respondents

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

February 10, 1958


Determination confirmed, without costs.

No opinion.

Murphy and Kleinfeld, JJ., dissent and vote to annul the determination and to remit the matter to the respondents for further proceedings not inconsistent with the following memorandum:

There was not sufficient proof that the petitioner permitted gambling on the premises. He was not present when the incidents testified to by the officers took place. Although the dismissal of the book-making charge...

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