MATTER OF LEAKE v. SARAFAN


42 A.D.2d 845 (1973)

In the Matter of Dillard Leake, Petitioner, v. Bertram D. Sarafan et al., Constituting The State Liquor Authority, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

August 6, 1973


Determination annulled, on the law, without costs.

Petitioner is the licensee of a tavern in Queens. His license was suspended for violation of subdivision 6 of section 106 of the Alcoholic Beverage Control Law in that he allegedly "suffered or permitted" gambling on the premises. On three different dates, and for a total period of at least five to six hours, a police officer sat in the premises and watched a woman take money and make notations on pieces of paper...

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