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  5. 43 N.Y.2d 721 (1977)
 

MATTER OF FALSO v. STATE LIQUOR AUTH.

43 N.Y.2d 721 (1977)

In the Matter of David J. Falso, Doing Business as Palm Gardens Restaurant, Appellant, v. State Liquor Authority, Respondent.

Court of Appeals of the State of New York.

Decided November 21, 1977.

Attorney(s) appearing for the Case

Francis A. Discenza for appellant.

Barry C. Plunkett and Warren B. Pesetsky for respondents.

Chief Judge BREITEL and Judges JASEN, JONES and COOKE concur in memorandum; Judges GABRIELLI, WACHTLER and FUCHSBERG dissent and vote to reverse in a separate memorandum.

MEMORANDUM.

The judgment of the Appellate Division should be affirmed, with costs.

It is true that the evidentiary fact pattern in this case resembles that in Matter of Martin v State Liq. Auth. (41 N.Y.2d 78). In Martin, however, the penalty had been imposed by the authority on the basis of a finding that by the exercise of due diligence the licensee should have discovered...

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