MATTER OF Q. T., INC. v. NEW YORK STATE LIQUOR AUTH.


233 A.D.2d 178 (1996)

649 N.Y.S.2d 788

In the Matter of Q. T., Inc., Respondent, v. New York State Liquor Authority, Appellant

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

November 14, 1996


We disagree with the motion court that respondent's concern that petitioner might permit illegal activity, or otherwise might not be able to exercise adequate control over the licensed premises, is based on mere speculation. However, we conclude that further proceedings before respondent are necessary because petitioner was not given a sufficient opportunity to confront an investigator's report upon which respondent relied in making its determination. Thereafter, the agency...

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