1616 SECOND AVE v. LIQ AUTH


75 N.Y.2d 158 (1990)

In the Matter of 1616 Second Avenue Restaurant, Inc., Appellant, v. New York State Liquor Authority et al., Respondents.

Court of Appeals of the State of New York.

Decided January 11, 1990.


Attorney(s) appearing for the Case

Richard D. Emery and Pamela M. Parker for appellant.

Sharon L. Tillman, Stephen D. Kalinsky and Roberta L. Hiller for respondents.

Judges KAYE, TITONE and BELLACOSA concur with Chief Judge WACHTLER; Judge SIMONS dissents and votes to affirm in a separate opinion in which Judges ALEXANDER and HANCOCK, JR., concur.


Chief Judge WACHTLER.

The issue on this appeal is whether public statements made by the Chairman of the State Liquor Authority (SLA) concerning charges then pending in an SLA proceeding against a licensee, disqualified the Chairman from participating in the administrative review of that proceeding. We conclude that, because the Chairman's statements to a legislative oversight committee indicated prejudgment of...

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