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MATTER OF LEON'S BROADWAY CORP. v. STATE LIQUOR AUTH.

29 N.Y.2d 870 (1971)

In the Matter of Leon's Broadway Corporation, Respondent, v. State Liquor Authority, Appellant.

Court of Appeals of the State of New York.

Decided December 2, 1971.

Attorney(s) appearing for the Case

Herbert Rosenstein and Eli Ratner for appellant.

Julius D. Freilicher for respondent.

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BREITEL and GIBSON. Judge JASEN dissents and votes to reverse in the following opinion in which Judge BERGAN concurs.

Order affirmed, with costs.

JASEN, J. (dissenting).

Once again we are presented with the question of whether the determination of the State Liquor Authority is supported by substantial evidence. (CPLR 7803, subd. 4.)

In my view, the testimony of the police officers, accepted by the Authority, constitutes substantial evidence that the petitioner suffered or permitted gambling on the licensed premises...

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