Hilton Hotels Corp. v. Epstein
| Decision Date | 17 May 1962 |
| Citation | 229 N.Y.S.2d 422,11 N.Y.2d 978 |
| Parties | , 183 N.E.2d 700 Application of HILTON HOTELS CORPORATION, Respondent, For an Order, etc., v. Martin C. EPSTEIN et al., constituting the New York State Liquor Authority, Appellants. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, Fourth Department, 14 A.D.2d 399, 222 N.Y.S.2d 121.
The petitioner brought a proceeding under the Civil Practice Act, § 1283 et seq., to review a determination of the New York State Liquor Authority suspending the hotel liquor license of the petitioner for a period of 10 days. The proceeding was transferred for determination to the Appellate Division by an order of the Erie Special Term, Regis O'Brien, J., granted June 30, 1961.
The Appellate Division annulled the determination, remitted the matter to the State Liquor Authority for further proceedings in accordance with the opinion, and held that the petitioner was deprived of a fair hearing where the petitioner was notified that initial hearing would be for pleading only, but the State Liquor Authority at such hearing refused adjournment and produced the testimony of witnesses, whose credibility might have been attacked if the petitioner had had time to prepare. Bastow, J., dissented.
The New York State Liquor Authority appealed to the Court of Appeals.
Order affirmed, with costs, and order absolute ordered against the appellants on the stipulation.
All concur.
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...343, 347, 94 N.E. 853, 854; Matter of Hilton Hotels Corp. v. Epstein, 14 A.D.2d 399, 402, 222 N.Y.S.2d 121, 123, affd. 11 N.Y.2d 978, 229 N.Y.S.2d 422, 183 N.E.2d 700; Matter of Shields v. Hults, 21 A.D.2d 745, 250 N.Y.S.2d Applying this standard, it is clear that the results of the polygra......
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...affd. 11 N.Y.2d 980, 229 N.Y.S.2d 422, 183 N.E.2d 701; Hilton Hotels v. Epstein, 14 A.D.2d 399, 222 N.Y.S.2d 121, affd. 11 N.Y.2d 978, 229 N.Y.S.2d 422, 183 N.E.2d 700.) Incidentally, and we say this only in passing because we are primarily concerned with the procedural aspects of this matt......
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...343, 347, 94 N.E. 853, 854; Matter of Hilton Hotels Corp. v. Epstein, 14 A.D.2d 399, 402, 222 N.Y.S.2d 121, 123, affd. 11 N.Y.2d 978, 229 N.Y.S.2d 422, 183 N.E.2d 700.) Absent the hearsay testimony we find no substantial evidence to support the determination of respondent. Moreover, the hea......
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