Cino v. Driscoll

This case presents for review prosecutors' challenge of the affirmance, by the State Commissioner of Alcoholic Beverage Control, of the temporary suspension of their plenary retail consumption license to sell alcoholic beverages. N.J.S.A.33:1-31.

The basic question for decision is whether the Commissioner (N.J.S.A. 33:1-3) in the discharge of his duty "to hear and conduct" and "to render a decision" on prosecutor's appeal (N.J.S.A. 33:1-38) was obliged, as urged, to hear the testimonyde novo, or whether he could legally use, as he did, a verified transcript of the testimony upon which the…