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MATTER OF 401 EAST 138TH ST. WINE & LIQUOR CORP. v. NEW YORK STATE LIQUOR AUTH.

75 A.D.2d 731 (1980)

In the Matter of 401 East 138th Street Wine & Liquor Corp., Respondent, v. New York State Liquor Authority, Appellant

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

May 1, 1980

The petitioner does not dispute the fact that it presented its relevant evidence at the hearing held pursuant to subdivision 3 of section 54 of the Alcoholic Beverage Control Law. At that hearing, it was permitted to make oral argument before the hearing officer (9 NYCRR 52.6). However, the petitioner did not have the right to be present at the original or subsequent meeting held by the board in considering and voting upon its application. (Matter of Moltzen v Hostetter...

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