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  5. 18 N.Y.2d 995 (1966)
 

MATTER OF OLDE COLONY REST. CORP. v. STATE LIQUOR AUTH.

18 N.Y.2d 995 (1966)

In the Matter of Olde Colony Restaurant Corp. (Formerly Known as Clam Box, Inc.), Appellant, v. State Liquor Authority, Respondent.

Court of Appeals of the State of New York.

Decided December 30, 1966.

Attorney(s) appearing for the Case

Anthony F. Correri for appellant.

Milton Koerner and Hyman Amsel for respondent.

Judges FULD, VAN VOORHIS, SCILEPPI and BERGAN concur in Memorandum; Chief Judge DESMOND and Judges BURKE and KEATING dissent from so much of the decision as directs a dismissal of charge 1.

MEMORANDUM.

The charge that the petitioner suffered or permitted the premises to become disorderly (charge number 1) is not sustained by substantial evidence. There is no proof that the prostitute who testified in the proceeding solicited men or committed any act in the premises by which they tended to be disorderly. There is proof that one employee of the petitioner called the witness to meet some persons there and that...

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