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MATTER OF LEAKE v. SARAFAN

35 N.Y.2d 83 (1974)

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

Court of Appeals of the State of New York.

Decided July 11, 1974.

Attorney(s) appearing for the Case

Herbert Rosenstein and Eli Ratner for appellant.

Milton Koerner for respondent.

Judges WACHTLER, RABIN and STEVENS concur with Judge GABRIELLI; Judge JONES dissents and votes to modify in a separate opinion in which Chief Judge BREITEL and Judge JASEN concur.

GABRIELLI, J.

We hold that the record justifies the determination of the Appellate Division in annulling the suspension of petitioner's license upon a charge that he "violated Section 106, subd. 6 of the Alcoholic Beverage Control Law* in that he suffered or permitted gambling on the licensed premises on December 7, December 8, and December...

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