Beer Garden, Inc. v. New York State Liquor Authority

OPINION OF THE COURT

Kaye, J.

These appeals raise two administrative law questions: the validity of a regulation of the State Liquor Authority (the SLA), and the propriety of an SLA Commissioner’s participation in final agency decisions against petitioner licensees. As to both questions we agree with the licensees: the regulation is invalid as applied because it conflicts with the authorizing legislation, and the Commissioner (who was SLA Counsel when the charges against the licensees were filed and heard) should have recused herself from the final agency determinations.

I

Beer Garden, Inc.

In…