Dan's Living Room, Ltd. v. State of New York Liquor Authority

Order entered November 6, 1968, annulling that portion of the Authority’s determination requiring an all-cash sale and prohibiting the taking back of any mortgage, unanimously reversed on the law, and the determination of the Authority is confirmed in all respects, with $50 costs and disbursements to respondent-appellant. CPLR 7804 (subd. [g]) does provide that Special Term may pass on objections in point of law, but the action of the court herein in annulling in part a determination by the Authority transcended a point of law. The fact that a hearing was held made it mandatory that there be…