Levine v. New York State Liquor Authority

Memorandum. On the original argument of this appeal various documents submitted to the Authority subsequent to its determination were relied upon by petitioner-appellant. The Authority explains that the shortness of time in which the appeal was brought on prevented it from taking the necessary action to prevent consideration of the improperly included matter. Reliance on these documents was not proper, since a court’s review of administrative action is limited to the record made before the Authority. Nevertheless, when the material not before the Authority at the time of decision is…