IN RE: Luis PENA (2018)

Court of Appeals of New York.

IN RE: Luis PENA, Respondent, v. NEW YORK STATE GAMING COMMISSION, Appellant.

No. 136

Decided: November 27, 2018

Barbara D. Underwood, Attorney General, Albany (Jonathan D. Hitsous and Andrew D. Bing of counsel), for appellant. Meyer, Suozzi, English & Klein, P.C., Garden City (Andrew J. Turro of counsel), for respondent.

OPINION OF THE COURT

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 A.D.3d 1244, 1247–1252, 40 N.Y.S.3d 665 [2016] ).

Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia, Wilson and Feinman concur.

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