Legal Opinion

Pace-O-Matic, Inc. v. New York State Liquor Authority

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

Decided April 1, 2010PublishedCited by 16 opinions

1Opinion of the CourtMcCarthy, J.

Appeal from a judgment of the Supreme Court (McDonough, J.), entered March 31, 2009 in Albany County, which, among other things, granted petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul a determination of respondent which declared a certain game to be a gambling device.

Petitioner designed and produced a touch screen video game entitled Moxie Mania Empire Edition. After money is deposited *1145into the machine, the game consists of three phases. During the Moxie phase, if the player selects the proper symbol within one second of the game grid appearing, he or she wins…

2Cases cited5 opinions

  1. Peckham v. CalogeroNew York Court of Appeals · 2009
  2. Plato's Cave Corp. v. State Liquor AuthorityNew York Court of Appeals · 1986
  3. Tennessee Gas Pipeline Co. v. Town of Chatham Board of AssessorsAppellate Division of the Supreme Court of the State of New York · 1997
  4. Rios v. State Liquor AuthorityAppellate Division of the Supreme Court of the State of New York · 1969
  5. Pizzaguy Holdings, LLC v. New York State Liquor AuthorityAppellate Division of the Supreme Court of the State of New York · 2007

3Cited by16 opinions

  1. Borst v. International Paper Co.Appellate Division of the Supreme Court of the State of New York · 2014
  2. In re the Claim of JimenezAppellate Division of the Supreme Court of the State of New York · 2010
  3. Global Companies LLC v. New York State Department of Environmental ConservationAppellate Division of the Supreme Court of the State of New York · 2017
  4. Norse Energy Corp. USA v. Town of DrydenAppellate Division of the Supreme Court of the State of New York · 2013
  5. Matter of People of the State of New York v. SchofieldAppellate Division of the Supreme Court of the State of New York · 2021

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