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  5. 37 N.Y.2d 861 (1975)
 

MATTER OF BEAL PROPS., INC. v. STATE LIQUOR AUTH.

37 N.Y.2d 861 (1975)

In the Matter of Beal Properties, Inc., Appellant, v. State Liquor Authority, Respondent.

Court of Appeals of the State of New York.

Decided October 21, 1975.

Attorney(s) appearing for the Case

Stephen L. Oppenheim for appellant.

Joseph J. Micare and William E. Bandon for respondent.

Chief Judge BREITEL and Judges JONES, WACHTLER and FUCHSBERG concur in memorandum; Judge JASEN dissents and votes to affirm in an opinion in which Judge GABRIELLI concurs; Judge COOKE taking no part.

MEMORANDUM.

Judgment reversed, without costs, and the determination of the State Liquor Authority annulled on so much of the dissenting in part opinion at the Appellate Division which concluded that, absent a regulation by the agency giving notice that conduct not lewd or indecent per se was proscribed, a sanction could not be imposed. With respect to the events on July 27, 1972, there are insufficient findings by the agency...

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