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MTR. DANZO ESTATE v. LIQ. AUTH.

27 N.Y.2d 469 (1971)

In the Matter of Danzo Estate, Inc., Respondent, v. New York State Liquor Authority, Appellant.

Court of Appeals of the State of New York.

Decided January 21, 1971.

Attorney(s) appearing for the Case

Herbert Rosenstein, Eli Ratner and Emanuel D. Black for appellant.

Frank I. Tashker for respondent.

Judges BERGAN, BREITEL and GIBSON concur with Judge JASEN; Chief Judge FULD and Judge SCILEPPI dissent and vote to affirm on the opinion at the Appellate Division; Judge BURKE taking no part.

JASEN, J.

Based on a finding that petitioner suffered or permitted gambling on the licensed premises in violation of subdivision 6 of section 106 of the Alcoholic Beverage Control Law, the State Liquor Authority suspended petitioner's restaurant liquor license for 10 days.

At the hearing Patrolman James Restivo, an acknowledged expert on gambling activities, testified that at approximately 10:15 A.M....

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