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MARTIN v. STATE LIQ. AUTH.

41 N.Y.2d 78 (1976)

In the Matter of Mary G. Martin, Respondent, v. State Liquor Authority, Appellant.

Court of Appeals of the State of New York.

Decided December 22, 1976.

Attorney(s) appearing for the Case

Joseph S. Ryan and Alan J. Gardner, New York City, for appellant.

David Goldstein, New York City, for respondent.

Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER and FUCHSBERG concur; Judges JASEN and COOKE dissent and vote to reverse for the reasons stated in the dissenting memorandum by former Justice FRED J. MUNDER at the Appellate Division ().

MEMORANDUM.

The judgment of the Appellate Division is affirmed. The State Liquor Authority found that petitioner had suffered or permitted gambling on the licensed premises on six separate occasions between April 1 and April 24, 1974 in violation of subdivision 6 of section 106 of the Alcoholic Beverage Control Law. The Appellate Division annulled that determination on the ground that there was insufficient evidence to support a finding that the licensee should have...

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