Opinion
Argued January 22, 1957
Decided April 12, 1957
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, ARTHUR MARKEWICH, J., OWEN McGIVERN, J.
William I. Cohen for appellants.
Emanuel D. Black and Arthur A. Klotz for respondent. Hubert T. Delany for St. Martin's Episcopal Church and others, amici curiae, in support of respondent's position.
If, in connection with appellants' petition for a transfer of their liquor store and the subsequent proceeding, there was irregularity in vital matters, illegality or conduct tantamount to fraud, then, the principle of administrative finality may not here be invoked or applied. On the other hand, if no such irregularity, illegality or fraud were present, the State Liquor Authority lacked power to reverse its original determination approving the application. Consequently, under the circumstances of this case, we refrain from considering the decisive effect of the Authority's initial determination, as well as the problem of administrative finality, until after the hearing, directed by the Appellate Division, shall have been held.
The order should be affirmed.
CONWAY, Ch. J., DESMOND, DYE, FULD, FROESSEL, VAN VOORHIS and BURKE, JJ., concur.
Order affirmed.