Legal Opinion

Black North Associates, Inc. v. Kelly

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

Decided March 21, 2001PublishedCited by 3 opinions

1Opinion of the Court

Determination unanimously confirmed without costs and petition dismissed. Memorandum: In this CPLR article 78 proceeding transferred to our Court (see, CPLR 7804 [g]), petitioner contends that the determination following a hearing that it violated Alcoholic Beverage Control Law § 106 (6) and 9 NYCRR 53.1 (t) by permitting gambling on its premises is not supported by substantial evidence. We disagree. Petitioner operates a bar in Kent, and in 1998 it installed a Lucky Shamrock Vending Machine, which dispenses pull-tabs. Each pull-tab is labeled “Lucky Shamrock Sweepstakes” and may be purchased…

2Cases cited9 opinions

  1. People v. MillerNew York Court of Appeals · 1936
  2. People v. Shafer, New York County Courts1936
  3. People v. ShaferNew York Court of Appeals · 1936
  4. Goodwill Advertising Co. v. State Liquor AuthorityNew York Supreme Court · 1962
  5. People v. BurnsNew York Court of Appeals · 1952

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3Cited by3 opinions

  1. Dalton v. PatakiAppellate Division of the Supreme Court of the State of New York · 2004
  2. Shorts Bar of Rochester Inc. v. New York State Liquor AuthorityAppellate Division of the Supreme Court of the State of New York · 2005
  3. Attorney General Opinion No., Kansas Attorney General Reports2010

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