The Bar Was "Overcrowded"

In May I reported on a decision of the Appellate Division, First Department, which reversed a determination of the State Liquor Authority (SLA) revoking a bar's license on the grounds that the bar permitted "overcrowding" in violation of SLA rules. In the Appellate Division's view the SLA's determination was not supported by substantial evidence as required by CPLR § 7803 subd. 4.

Today in Matter of 47 Ave. B East v. New York State Liquor Auth. the New York Court of Appeals reversed the Appellate Division and in a very brief memorandum opinion concluded that the SLA determination was supported by substantial evidence. The opinion can be found here.

I have long believed that the "substantial evidence" test for reviewing administrative agency decisions, as interpreted by the Court of Appeals, calls for too little judicial oversight of agency rulings which seriously affect livelihoods and licenses. This is unfortunate.