Beer Garden v. State Liquor Authority

The New York State Liquor Authority (SLA) (defendant) initiated proceedings against Beer Garden, Inc. (plaintiff) to revoke its liquor license over premises disturbances and to suspend it for selling to a minor; SLA counsel Sharon Tillman issued the notices initiating these proceedings and served as the prosecuting attorney at the hearings. An administrative law judge found the charges sustained and referred the case to the SLA Commissioners for final decision. Before that vote, Tillman herself became an SLA Commissioner and, without recusing, joined the panel that adopted the ALJ's findings and voted to revoke Beer Garden's license. Beer Garden sought reconsideration and asked Tillman to recuse herself given her earlier prosecutorial role; she refused. The Appellate Division held that refusal required granting Beer Garden's petition, and the SLA appealed.