MATTER OF KAMINSKY v. STATE LIQUOR AUTH.


35 A.D.2d 858 (1970)

In the Matter of Frank M. Kaminsky et al., Doing Business as Welcome Inn, Petitioners, v. State Liquor Authority, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 5, 1970


The record establishes that because of a ministerial error the determination of the respondent as set forth in the "Notice" is incorrect. The issue before the hearing officer in the present case was one of credibility which he determined in favor of the licensee. Furthermore, it appears from an exhibit in the record entitled "Memorandum of Determination" that the respondent limited its consideration of the record to one of "substantial evidence" which, of course, is not the...

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