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GOUIRAN HOLDINGS v. MILLER

140 Misc.2d 142 (1988)

In the Matter of Gouiran Holdings, Inc., Petitioner, v. Terrence Miller, as Hearing Officer for the New York State Banking Department, et al., Respondents.

Supreme Court, New York County.

May 18, 1988

Attorney(s) appearing for the Case

Bruce Cutler and Lionel R. Saporta for petitioner. Robert Abrams, Attorney-General (Dennis J. Saffran of counsel), for respondents.

STANLEY L. SKLAR, J.

This case presents the novel issue of whether prohibition is available to bar an administrative agency from considering, at a license revocation hearing, documentary evidence, claimed to have been derived from an illegal search and seizure, without affording the licensee an opportunity to test the validity of the search and seizure before the appropriate forum. Since the Administrative...

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