Hood Restaurant, Inc. v. Wallander

The operator of a cabaret here seeks to review and annul a determination by the Police Commissioner by which it was deprived of its license to operate such cabaret.

The first question to be determined is whether the case should be heard at Special Term or immediately transferred to the Appellate Division for disposition by it; and that depends upon whether the determination under review was made “ as the result, of a hearing held, and at which evidence was taken, pursuant to statutory direction ” (Civ. Prac Act, § 1296, subd. 5). There was a hearing at which evidence was taken; but if such…