Legal Opinion · Dissent

1616 Second Avenue Restaurant, Inc. v. New York State Liquor Authority

New York Court of Appeals

Decided January 11, 1990Published

1DissentSimons, J.

I agree with the majority that one appearing before an administrative adjudicatory body is entitled to a fair and impartial hearing. The established New York law requires it as a matter of fundamental fairness. We have held, however, that "a mere allegation of bias will not suffice. There must be a factual demonstration to support the allegation of bias and proof that the outcome flowed from it.” (Matter of Warder v Board of Regents, 53 NY2d 186, 197; see also, Matter of Lowcher v New York City Teachers’ Retirement Sys., 54 NY2d 373; Matter of Grant v Senkowski, 146 AD2d 948, 949-950; Matter…

2Cases cited16 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Gagnon v. ScarpelliSupreme Court of the United States · 1973
  3. Withrow v. LarkinSupreme Court of the United States · 1975
  4. Cleavinger v. SaxnerSupreme Court of the United States · 1985
  5. Federal Trade Commission v. Cement InstituteSupreme Court of the United States · 1948

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