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  5. 31 N.Y.2d 1006 (1973)
 

MATTER OF TRIPLE S. TAVERN, INC. v. NEW YORK STATE LIQUOR AUTH.

31 N.Y.2d 1006 (1973)

In the Matter of Triple S. Tavern, Inc., Respondent, v. New York State Liquor Authority, Appellant.

Court of Appeals of the State of New York.

Decided February 8, 1973.

Attorney(s) appearing for the Case

Emanuel D. Black and Eli Ratner for appellant.

Theodore Blatt for respondent.

Concur: Chief Judge FULD and Judges GABRIELLI, JONES and WACHTLER. Judge JASEN dissents and votes to reverse in the following opinion in which Judge BURKE concurs. Taking no part: Judge BREITEL.

Order affirmed, with costs, on the opinion at the Appellate Division.

JASEN, J. (dissenting).

The licensee, a corporation, was charged with a violation of section 106 (subd. 6) of the Alcoholic Beverage Control Law. That section provides, in part, that "[n]o person licensed to sell alcoholic beverages shall suffer or permit any gambling on the licensed premises".

The licensee operates a tavern in Queens and employs three barmaids. On December...

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