MATTER OF FRIENDLY CONVENIENCE, INC. v. NEW YORK CITY DEPARTMENT OF CONSUMER AFFAIRS

2423, 114362/08

71 A.D.3d 577 (2010)

899 N.Y.S.2d 151

In the Matter of FRIENDLY CONVENIENCE, INC., Petitioner, v. THE NEW YORK CITY DEPARTMENT OF CONSUMER AFFAIRS et al., Respondents.

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

Decided March 25, 2010.


The administrative law judge (ALJ) exercised his discretion in admitting into evidence the cigarette pack allegedly sold to a minor, which had not been inspected or analyzed, as well as a redacted copy of the purchaser's birth certificate that lacked a raised seal. The Rules of the Department of Consumer Affairs allow introduction of "relevant evidence" at an administrative hearing "without regard to the technical or formal rules or laws of evidence in effect in the courts...

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