Neptune Inn Restaurant, Inc. v. Division of Alcoholic Beverage Control of New York State Liquor Authority

Appellate Division of the Supreme Court of New York

Neptune Inn Restaurant, Inc. v. Division of Alcoholic Beverage Control of New York State Liquor Authority

193 A.D.2d 436, 597 N.Y.S.2d 332, 1993 N.Y. App. Div. LEXIS 4788

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 11, 1993

StatusPublished

This text of 193 A.D.2d 436 (Neptune Inn Restaurant, Inc. v. Division of Alcoholic Beverage Control of New York State Liquor Authority) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Neptune Inn Restaurant, Inc. v. Division of Alcoholic Beverage Control of New York State Liquor Authority, 193 A.D.2d 436, 597 N.Y.S.2d 332, 1993 N.Y. App. Div. LEXIS 4788 (N.Y. Ct. App. 1993).

Pincite

Opinion

—Judgment, Supreme Court, Bronx County (Bertram Katz, J.), entered March 11, 1992, which enjoined the respondent from enforcing its determination and remitted the matter to respondent for further proceedings to either cancel or revoke [437]*437petitioner’s liquor license, unanimously affirmed, without costs. Leave to appeal to the Court granted sua sponte.

Neither the licensee nor its president were informed of the agency proceeding pursuant to 9 NYCRR 54.1. The failure to notify occurred as a result of the agency’s receipt of a letter marked "returned to sender” which was sent by certified mail to the address of the licensee corporation and the agency’s use of the corporation president’s old address as opposed to the new address which had been forwarded to the agency prior to the commencement of the proceeding. The regulation requires the agency to accord a reasonable opportunity to be heard to the party to be affected by a determination. Concur— Sullivan, J. P., Ellerin, Wallach, Rubin and Nardelli, JJ.

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—Judgment, Supreme Court, Bronx County (Bertram Katz, J.), entered March 11, 1992, which enjoined the respondent from enforcing its determination and remitted the matter to respondent for further proceedings to either cancel or revoke [437]*437petitioner’s liquor license, unanimously affirmed, without costs. Leave to appeal to the Court granted sua sponte.

Neither the licensee nor its president were informed of the agency proceeding pursuant to 9 NYCRR 54.1. The failure to notify occurred as a result of the agency’s receipt of a letter marked "returned to sender” which was sent by certified mail to the address of the licensee corporation and the agency’s use of the corporation president’s old address as opposed to the new address which had been forwarded to the agency prior to the commencement of the proceeding. The regulation requires the agency to accord a reasonable opportunity to be heard to the party to be affected by a determination. Concur— Sullivan, J. P., Ellerin, Wallach, Rubin and Nardelli, JJ.

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Bluebook (online)

193 A.D.2d 436, 597 N.Y.S.2d 332, 1993 N.Y. App. Div. LEXIS 4788, Counsel Stack Legal Research, https://law.counselstack.com/opinion/neptune-inn-restaurant-inc-v-division-of-alcoholic-beverage-control-of-nyappdiv-1993.