Rossetti v. O'Connell

Petitioners bring this proceeding pursuant to article 78 of the Civil Practice Act to review a determination of respondent license commissioner which revoked their license. The first question is whether this application should be heard in the first instance at Special Term or transmitted to the Appellate Division. The latter procedure is directed (Civ. Prac. Act, § 1296) where the review is of a determination made as a result of a hearing held pursuant to statutory direction and the question is whether the evidence taken at such hearing warrants the findings made and the action taken…