Matter of Pena v New York State Gaming Commn.

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Matter of Pena v New York State Gaming Commn. 2018 NY Slip Op 08060 Decided on November 27, 2018 Court of Appeals Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on November 27, 2018
No. 136

[*1]In the Matter of Luis Pena, Respondent,

v

New York State Gaming Commission, Appellant.



Jonathan D. Hitsous, for appellant.

Andrew J. Turro, for respondent.



Order reversed, with costs, determination of the New York State Gaming Commission confirmed, and petition dismissed for reasons stated in the dissenting opinion of Justice Presiding William E. McCarthy (144 AD3d 1244, 1247-1252 [2016]). Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia, Wilson and Feinman concur.

Decided November 27, 2018