General

In the Matter of 265 Dan's 34th Street Bar, Inc., Petitioner, against John F. O'Connell et al., Constituting the New York State Liquor Authority, et al., Respondents

277 A.D.2d 1030·New York Supreme Court, Appellate Division·1950·NY

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Opinion

In the Matter of 265 Dan’s 34th Street Bar, Inc., Petitioner, against John F. O’Connell et al., Constituting the New York State Liquor Authority, et al., Respondents. [MAJORITY] There was no substantial evidence from which the conclusion could reasonably be reached, that the licensee suffered or permitted gambling on the licensed premises. The case is distinguishable on its facts from Matter of Avon Bar & Grill v. O’Connell (301 N. Y. 150). Determination annulled, with $50 costs and disbursements to the petitioner. Present — Peck, P. J., Glennon, Dore, Yan Voorhis and Shientag, JJ.; Dore, J., dissents and votes to confirm. Settle order on notice.