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STATE v. AMATO

213 A.2d 53 (1965)

The STATE of Delaware on the relation of David P. BUCKSON, Attorney General of the State of Delaware, Plaintiff, v. Joseph AMATO, John Gentile, Richard Saxton, John Amato, the Estate of Louisa Alessandrini, Gene Alessandrini, Executor of the Estate of Louisa Alessandrini, Defendants. The STATE of Delaware on the relation of David P. BUCKSON, Attorney General of the State of Delaware, Plaintiff, v. Stanley SMULSKI, Archie Dixon, and Henry P. Gibbons, Defendants. The STATE of Delaware on the relation of David P. BUCKSON, Attorney General of the State of Delaware, Plaintiff, v. Joseph DiROSA, Daniel Marucci, Albert DiSalvo, Michael Benicky, Angelo Marabito, Eugene Smallwood, and Daniel M. Delcollo, Defendants. The STATE of Delaware on the relation of David P. BUCKSON, Attorney General of the State of Delaware, Plaintiffs, v. PETER C. OLIVERE, INC., Joseph Rossitto, Chester Zuchowski, Joseph Stant, Eugene Smallwood, Angelo Marabito, Albert Rosen, and Alphonso Gross, Defendants.

Court of Chancery of Delaware, New Castle.

August 10, 1965.

Attorney(s) appearing for the Case

David P. Buckson, Atty. Gen., and Richard I. G. Jones, Deputy Atty. Gen., for the State in all actions.

Norman N. Aerenson, of Aerenson & Balick, Wilmington, for Joseph Amato and others, defendants in Civil Action No. 1707.

Joseph J. Longobardi, Jr., of Longobardi & Schwartz, Wilmington, for Stanley Smulski and others, defendants in Civil Action No. 1708.

Robert B. Walls, Jr., of Coxe, Booker, Walls & Cobin, Wilmington, for Michael Benicky in Civil Action No. 1709.

No appearance for Joseph DiRosa and others in Civil Action No. 1709.

David Snellenburg, II, of Killoran & Van Brunt, Wilmington, for Angelo Marabito, defendant in Civil Action No. 1709.

Victor J. Colombo, Wilmington, for Peter C. Olivere, Inc., defendant in Civil Action No. 1742.

Robert C. O'Hora and John P. Daley, Wilmington, for defendants Joseph Rossitto and others in Civil Action No. 1742.

SEITZ, Chancellor:

In these four actions the State, on the relation of the Attorney General ("plaintiff"), charges that the defendants were using various permises for illegal gambling as defined in 11 Del.C. § 669 (receiving and recording horse bets), and were thereby guilty of maintaining a nuisance under 10 Del.C. § 7102. Plaintiff sought, inter alia, a permanent injunction under 10 Del. C. § 7106.

In the first three actions filed (C.A. 1707...

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