MIGLIACCIO v. O'CONNELL, 122 N.E.2d 914, 307 N.Y. 566 (N.Y., 1954)

CourtNew York Supreme Court — Appellate Term
Citation122 N.E.2d 914,307 N.Y. 566
Decision Date18 November 1954

122 N.E.2d 914

307 N.Y. 566

In the Matter of Americo MIGLIACCIO, Respondent,

v.

John F. O'CONNELL et al., Individually and as Members of the State LiquorAuthority, Appellants.

Court of Appeals of New York.

Nov. 18, 1954.


122 N.E.2d 914]

[307 N.Y. 566

Alvin McKinley Sylvester, New York City, Philip Wilens, Jackson Heights, and Emanuel D. Black, New York City, for appellants.

307 N.Y. 567

James M. Fawcett, Brooklyn, for respondent.

LEWIS, Chief Justice.

In this proceeding under article 78 of the Civil Practice Act which was transferred to the Appellate Division for disposition, Civil Practice Act, s 1296 an appeal by the State Liquor Authority brings to us for review a record upon which the Appellate Division has unanimously annulled a determination by the Authority which revoked the petitioner-licensee's restaurant liquor license

122 N.E.2d 915]

and directed that, for a period of two years, no new license covering the premises involved should be issued. The revocation was absed upon a finding that the licensee had violated subdivision 6 of section 106 of the Alcoholic Beverage Control Law which provides: ‘6. No person licensed to sell alcoholic beverages shall suffer or permit any gambling on the licensed premises, or suffer or permit such premises to become disorderly.’

The charge against the petitioner is as follows: ‘That the licensee violated Section 106, subd. 6 of the Alcoholic Beverage Control Law by suffering or permitting the licensed premises

[307 N.Y. 568

to become disorderly in that he suffered or permitted females on the licensed premises to solicit male patrons therein for immoral purposes on September 6, 1953.’

Accordingly, we are to determine whether as now claimed by the appellants there is evidence of record sufficient in law to sustain the charge, upheld by the Authority, that the petitioner-licensee ‘suffered or permitted females on the licensed premises to solicit male patrons therein for immoral purposes on September 6, 1953’ (emphasis supplied).

In considering what is implied by the phrase ‘suffer or permit’ as employed in the statute quoted above, we are guided by what was written for this court (per CARDOZO, J.) in People ex rel. Price v. Sheffield Farms-Slawson-Decker Co., 225 N.Y. 25, 30, 121 N,E. 474, 476:

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51 practice notes
  • New Palm Gardens, Inc. v. Alcoholic Beverages Control Commission
    • United States
    • Appeals Court of Massachusetts
    • May 8, 1981
    ...case from Commonwealth v. Grant, --- Mass.App. ---, 386 N.E.2d 1280 (1979) (Mass.App.Ct.Adv.Sh. (1979) 408), and Migliaccio v. O'Connell, 307 N.Y. 566, 112 N.E.2d 914 (1954), where only isolated acts of sexual conducted t. Mass.Adv.Sh. (1979) at 2621. u. Mass.App.Ct.Adv.Sh. (1981) at 25-26. ...
  • Gitlin v. Hostetter
    • United States
    • New York Supreme Court Appellate Division
    • July 8, 1969
    ...(Matter of Standard Food Products Corp. v. O'Connell, 296 N.Y. 52, 56, 69 N.E.2d 559, 561; see Matter of Migliaccio v. O'Connell, 307 N.Y. 566, 568, 122 N.E.2d 914, 915).' (Matter of Coney-O-Tavern v. New York State Liq. Auth., 25 A.D.2d 549, 550, 267 N.Y.S.2d 573, In my opinion, in the lig......
  • Kougl v. Bd. of Liquor License Comm'rs for Balt. City, No. 935, Sept. Term, 2015.
    • United States
    • Court of Special Appeals of Maryland
    • June 2, 2016
    ...or “permit”:There is no particular mystery or magic in the language of the statute. This court in Matter of Migliaccio v. O'Connell [307 N.Y. 566, 122 N.E.2d 914 (1955) ] defined the intent of the statute when it stated that in considering what is implied by the phrase suffer or permit as e......
  • Sabes v. City of Minneapolis, No. 39000
    • United States
    • Supreme Court of Minnesota (US)
    • March 22, 1963
    ...Seed Co., 242 Minn. 471, 65 N.W.2d 888. 15 Stoumen v. Reilly, 37 Cal.2d 713, 716, 234 P.2d 969, 971. 16 Matter of Migliaccio v. O'Connell, 307 N.Y. 566, 122 N.E.2d 17 People ex rel. Price v. Sheffield Farms-Slawson-Decker Co., 225 N.Y. 25, 30, 121 N.E. 474, 476. 18 Swegle v. State Board of ......
  • Request a trial to view additional results
51 cases
  • New Palm Gardens, Inc. v. Alcoholic Beverages Control Commission
    • United States
    • Appeals Court of Massachusetts
    • May 8, 1981
    ...case from Commonwealth v. Grant, --- Mass.App. ---, 386 N.E.2d 1280 (1979) (Mass.App.Ct.Adv.Sh. (1979) 408), and Migliaccio v. O'Connell, 307 N.Y. 566, 112 N.E.2d 914 (1954), where only isolated acts of sexual conducted t. Mass.Adv.Sh. (1979) at 2621. u. Mass.App.Ct.Adv.Sh. (1981) at 25-26. ...
  • Gitlin v. Hostetter
    • United States
    • New York Supreme Court Appellate Division
    • July 8, 1969
    ...(Matter of Standard Food Products Corp. v. O'Connell, 296 N.Y. 52, 56, 69 N.E.2d 559, 561; see Matter of Migliaccio v. O'Connell, 307 N.Y. 566, 568, 122 N.E.2d 914, 915).' (Matter of Coney-O-Tavern v. New York State Liq. Auth., 25 A.D.2d 549, 550, 267 N.Y.S.2d 573, In my opinion, in the lig......
  • Kougl v. Bd. of Liquor License Comm'rs for Balt. City, No. 935, Sept. Term, 2015.
    • United States
    • Court of Special Appeals of Maryland
    • June 2, 2016
    ...or “permit”:There is no particular mystery or magic in the language of the statute. This court in Matter of Migliaccio v. O'Connell [307 N.Y. 566, 122 N.E.2d 914 (1955) ] defined the intent of the statute when it stated that in considering what is implied by the phrase suffer or permit as e......
  • Sabes v. City of Minneapolis, No. 39000
    • United States
    • Supreme Court of Minnesota (US)
    • March 22, 1963
    ...Seed Co., 242 Minn. 471, 65 N.W.2d 888. 15 Stoumen v. Reilly, 37 Cal.2d 713, 716, 234 P.2d 969, 971. 16 Matter of Migliaccio v. O'Connell, 307 N.Y. 566, 122 N.E.2d 17 People ex rel. Price v. Sheffield Farms-Slawson-Decker Co., 225 N.Y. 25, 30, 121 N.E. 474, 476. 18 Swegle v. State Board of ......
  • Request a trial to view additional results

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