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MATTER OF PENA v. NEW YORK STATE GAMING COMMISSION

No. 136.

32 N.Y.3d 1122 (2018)

116 N.E.3d 74

91 N.Y.S.3d 783

2018 NY Slip Op 08060

In the Matter of LUIS PENA, Respondent, v. NEW YORK STATE GAMING COMMISSION, Appellant.

Court of Appeals of New York.

Decided November 27, 2018.

Attorney(s) appearing for the Case

Barbara D. Underwood , Attorney General, Albany ( Jonathan D. Hitsous and Andrew D. Bing of counsel), for appellant.

Meyer, Suozzi, English & Klein, P.C., Garden City ( Andrew J. Turro of counsel), for respondent.

OPINION OF THE COURT

Order reversed, with costs, determination of the New York State Gaming Commission confirmed, and petition dismissed for reasons stated in the dissenting opinion of Justice Presiding William E. McCarthy (144 A.D.3d 1244, 1247-1252 [2016]).

Chief Judge DIFIORE and Judges RIVERA, STEIN, FAHEY, GARCIA, WILSON and FEINMAN...

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