Matter of Pena v New York State Gaming Commn., 32 NY3d at 1123 (2018)

2018 NY Slip Op 08060 [32 NY3d 1122]
November 27, 2018
Court of Appeals

[*1]

In the Matter of Luis Pena, Respondent,
v
New York State Gaming Commission, Appellant.

Argued November 13, 2018; decided November 27, 2018

Matter of Pena v New York State Gaming Commn., 144 AD3d 1244, reversed.

{**32 NY3d at 1123} 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 AD3d 1244, 1247-1252 [2016]).

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