Ebbetts Field Cafe, Inc.v. Duffy

Appellate Division of the Supreme Court of New York

Ebbetts Field Cafe, Inc.v. Duffy

168 A.D.2d 309

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 13, 1990

StatusPublished

This text of 168 A.D.2d 309 (Ebbetts Field Cafe, Inc.v. Duffy) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ebbetts Field Cafe, Inc.v. Duffy, 168 A.D.2d 309 (N.Y. Ct. App. 1990).

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Opinion

Determination of the respondent New York State Liquor Authority, dated March 6, 1990, which suspended petitioner Ebbetts Field Cafe, Inc.’s liquor license for a period of 25 days plus a $1,000 bond forfeiture, is unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to this court by order of Sup Ct, NY County [C. Beauchamp Ciparick, J.], entered May 16, 1990) unanimously dismissed, without costs.

We find that the uncontroverted testimony of the undercover officers at the statutory hearing furnished substantial evidence to support the determination that petitioner suffered or permitted gambling on the licensed premises, in violation of the Alcoholic Beverage Control Law, and that petitioner permitted the keeping or maintaining on the licensed premises of a video display game machine of the type prohibited under rule 36.1 (t) of the Rules of the State Liquor Authority (9 [310]*310NYCRR 53.1 [t]). The illegality of the "Trivia Whiz” video game machine is uncontested.

We find the penalty imposed to be appropriate to the offense. Concur—Kupferman, J. P., Sullivan, Ross, Ellerin and Rubin, JJ.

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Determination of the respondent New York State Liquor Authority, dated March 6, 1990, which suspended petitioner Ebbetts Field Cafe, Inc.’s liquor license for a period of 25 days plus a $1,000 bond forfeiture, is unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to this court by order of Sup Ct, NY County [C. Beauchamp Ciparick, J.], entered May 16, 1990) unanimously dismissed, without costs.

We find that the uncontroverted testimony of the undercover officers at the statutory hearing furnished substantial evidence to support the determination that petitioner suffered or permitted gambling on the licensed premises, in violation of the Alcoholic Beverage Control Law, and that petitioner permitted the keeping or maintaining on the licensed premises of a video display game machine of the type prohibited under rule 36.1 (t) of the Rules of the State Liquor Authority (9 [310]*310NYCRR 53.1 [t]). The illegality of the "Trivia Whiz” video game machine is uncontested.

We find the penalty imposed to be appropriate to the offense. Concur—Kupferman, J. P., Sullivan, Ross, Ellerin and Rubin, JJ.

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Bluebook (online)

168 A.D.2d 309, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ebbetts-field-cafe-incv-duffy-nyappdiv-1990.