In re the Construction of the Will of Burack

Appellate Division of the Supreme Court of New York

In re the Construction of the Will of Burack

5 A.D.2d 840, 171 N.Y.S.2d 797, 1958 N.Y. App. Div. LEXIS 6989

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

DecidedFebruary 10, 1958

StatusPublished

This text of 5 A.D.2d 840 (In re the Construction of the Will of Burack) 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

In re the Construction of the Will of Burack, 5 A.D.2d 840, 171 N.Y.S.2d 797, 1958 N.Y. App. Div. LEXIS 6989 (N.Y. Ct. App. 1958).

Pincite

Opinion

This proceeding to review a determination made by respondents suspending petitioner’s restaurant liquor license for 10 days for violation of subdivision 6 of section 106 of the Alcoholic Beverage Control Law in that he suffered or permitted gambling on the licensed premises has been transferred to this court. (Civ. Prac. Act, § 1296.) Determination confirmed, without costs. No opinion. Beldock, Acting P. J., Ughetta and Hallinan, JJ., concur; Murphy and Kleinfeld, JJ., dissent and vote to annul the determination and to remit the matter to the respondents for further proceedings not inconsistent with the following memorandum: There was not sufficient proof that the petitioner permitted gambling on the premises. He was not present when the incidente testified to by the officers took place. Although the dismissal of the book-making charge in the Magistrate’s Court is not binding on the respondents, it should be considered where the issue is close, as here. The petitioner's establishment is a neighborhood place and the suspension of his license is a reflection on him and his place of business.

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This proceeding to review a determination made by respondents suspending petitioner’s restaurant liquor license for 10 days for violation of subdivision 6 of section 106 of the Alcoholic Beverage Control Law in that he suffered or permitted gambling on the licensed premises has been transferred to this court. (Civ. Prac. Act, § 1296.) Determination confirmed, without costs. No opinion. Beldock, Acting P. J., Ughetta and Hallinan, JJ., concur; Murphy and Kleinfeld, JJ., dissent and vote to annul the determination and to remit the matter to the respondents for further proceedings not inconsistent with the following memorandum: There was not sufficient proof that the petitioner permitted gambling on the premises. He was not present when the incidente testified to by the officers took place. Although the dismissal of the book-making charge in the Magistrate’s Court is not binding on the respondents, it should be considered where the issue is close, as here. The petitioner's establishment is a neighborhood place and the suspension of his license is a reflection on him and his place of business.

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Bluebook (online)

5 A.D.2d 840, 171 N.Y.S.2d 797, 1958 N.Y. App. Div. LEXIS 6989, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-construction-of-the-will-of-burack-nyappdiv-1958.