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  5. 79 N.Y.2d 266 (1992)
 

BEER GARDEN v. STATE LIQ AUTH

79 N.Y.2d 266 (1992)

In the Matter of Beer Garden, Inc., Respondent-Appellant, v. New York State Liquor Authority, Appellant-Respondent. In the Matter of Bayside Bowling and Recreation Center, Inc., Doing Business as Avanti, Respondent-Appellant, v. New York State Liquor Authority, Appellant-Respondent.

Court of Appeals of the State of New York.

Decided March 26, 1992.

Attorney(s) appearing for the Case

Adrian C. Hunte, Stephen D. Kalinsky and Thomas J. Bepko, Jr., for appellant-respondent in the first above-entitled proceeding.

Warren B. Pesetsky and Randye F. Bernfeld for respondent-appellant in the first above-entitled proceeding.

Adrian C. Hunte and Thomas J. Bepko, Jr., for appellant-respondent in the second above-entitled proceeding.

Herbert Rubin, David B. Hamm and Miriam Skolnik for respondent-appellant in the second above-entitled proceeding.

Judges SIMONS, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur; Chief Judge WACHTLER taking no part.

KAYE, J.

These appeals raise two administrative law questions: the validity of a regulation of the State Liquor Authority (the SLA), and the propriety of an SLA Commissioner's participation in final agency decisions against petitioner licensees. As to both questions we agree with the licensees: the regulation is invalid as applied because it conflicts with the authorizing legislation, and the Commissioner (who...

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