MATTER OF INNER CIRCLE REST., INC. v. New York State Liquor Auth.

New York Court of Appeals

MATTER OF INNER CIRCLE REST., INC. v. New York State Liquor Auth.

281 N.E.2d 183, 30 N.Y.2d 541, 330 N.Y.S.2d 389, 1972 N.Y. LEXIS 1516

New York Court of Appeals·Decided February 10, 1972·Published·Cited by 6 cases

Opinions

Order reversed, without costs, and the case remitted to Special Term with directions to remand the matter to the State Liquor Authority for further proceedings in accordance with the following memorandum: In treating this as a “ single instance ” case within the meaning of Matter of Stanwood United v. O’Connell (283 App. Div. 79, 82, aifd. 306 N. Y. 749), the Appellate Division erred, inasmuch as any determination adverse to the licensee would have to rest upon a finding that the licensee’s agent, the bartender, was instrumental in creating the disorder alleged (Matter of Club 95 v. New York State Liq. Auth., 23 N Y 2d 784). Upon the new hearing which our reversal mandates, the police officer’s memorandum book should be made available (Matter of Garabedian v. New York State Liq. Auth., 33 A D 2d 980, mot. for Iv. to app. den. 26 N Y 2d 614). Inasmuch as petitioner was denied a full hearing, we do not reach the question of whether there was substantial evidence to support the determination of the Authority.

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Order reversed, without costs, and the case remitted to Special Term with directions to remand the matter to the State Liquor Authority for further proceedings in accordance with the following memorandum: In treating this as a “ single instance ” case within the meaning of Matter of Stanwood United v. O’Connell (283 App. Div. 79, 82, aifd. 306 N. Y. 749), the Appellate Division erred, inasmuch as any determination adverse to the licensee would have to rest upon a finding that the licensee’s agent, the bartender, was instrumental in creating the disorder alleged (Matter of Club 95 v. New York State Liq. Auth., 23 N Y 2d 784). Upon the new hearing which our reversal mandates, the police officer’s memorandum book should be made available (Matter of Garabedian v. New York State Liq. Auth., 33 A D 2d 980, mot. for Iv. to app. den. 26 N Y 2d 614). Inasmuch as petitioner was denied a full hearing, we do not reach the question of whether there was substantial evidence to support the determination of the Authority.

MATTER OF INNER CIRCLE REST., INC. v. New York State Liquor Auth., 281 N.E.2d 183, 30 N.Y.2d 541, 330 N.Y.S.2d 389, 1972 N.Y. LEXIS 1516 (N.Y. 1972).

Pincite

281 N.E.2d 183 (MATTER OF INNER CIRCLE REST., INC. v. New York State Liquor Auth.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinions

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