Drew v. State Liquor Authority

Peck, P. J. (dissenting).

The opinion of the court states that it is not applying the principle of finality to the administrative determination made here because it is not clear whether there was any fraud or other improper action on the part of the parties which may have misled the Authority in its original decision.

It could hardly be clearer that there was no such fraud or improper action on the part of petitioners. A trial was had at the direction of Special Term for the precise purpose of trying out and determining this question. The trial court found: “ It appears that not only was there…