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BELLANCA v. NYS LIQ. AUTH.

50 N.Y.2d 524 (1980)

Dennis Bellanca, Doing Business as The Main Event, et al., Respondents, v. New York State Liquor Authority et al., Appellants.

Court of Appeals of the State of New York.

Decided June 10, 1980.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Peter J. Dooley and Shirley Adelson Siegel of counsel), for appellants.

George P. Doyle for respondents.

Judges JONES, FUCHSBERG and MEYER concur with Judge WACHTLER; Judge GABRIELLI dissents and votes to reverse in a separate opinion in which Chief Judge COOKE and Judge JASEN concur.

WACHTLER, J.

The question on this appeal is whether a provision of the Alcoholic Beverage Control Law (§ 106, subd 6-a) is unconstitutional insofar as it prohibits topless dancing at premises licensed by the State Liquor Authority. The Supreme Court, Erie County, held this portion of the statute unconstitutional. The State has appealed directly to this court pursuant to CPLR 5601 (subd [b], par 2).

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