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MATTER OF CONSERVATIVE GROUPING CORP. v. EPSTEIN

13 A.D.2d 805 (1961)

In the Matter of Conservative Grouping Corp., Petitioner, v. Martin C. Epstein et al., Constituting The New York State Liquor Authority, Respondents

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

May 15, 1961

Determination and order annulled, without costs.

This suspension was based upon the testimony of police officers who visited the premises on one occasion, and who observed two gambling transactions during their 50-minute stay. No responsible agent or principal of petitioner was present. Such testimony is insufficient to sustain the charge that petitioner had suffered or permitted gambling at the premises (Matter of Patterson v. Rohan, 5 A.D...

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