1616 Second Avenue v. State Liquor Authority

1616 Second Avenue (plaintiff) ran a restaurant licensed to sell alcohol by the New York State Liquor Authority (NYSLA) (defendant). The NYSLA charged the plaintiff with selling alcohol to underage patrons, and an administrative law judge sustained some charges. Before the plaintiff's review hearing, the NYSLA chairman testified to the state senate that the agency was compiling a record to prove the plaintiff had in fact sold to minors. The plaintiff asked the chairman to recuse himself; he refused. The NYSLA adopted the ALJ's findings, and the plaintiff sought to annul the determination, arguing the chairman's public prejudgment violated due process.

Whether the failure to disqualify an administrative official from reviewing an adjudicatory proceeding violates due process where that official has publicly prejudged the specific facts at issue.