[DOWNLOAD] "Matter David Bell v. New York State Liquor Authority" by Supreme Court of New York # Book PDF Kindle ePub Free
eBook details
- Title: Matter David Bell v. New York State Liquor Authority
- Author : Supreme Court of New York
- Release Date : January 22, 1975
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
[48 A.D.2d 83 Page 84] Appellants operate bars in Sullivan County under licenses issued by respondent. Separate proceedings were instituted to revoke appellants' licenses for violating subdivision 6 of section 106 of the Alcoholic Beverage Control Law. The chief defense to the charges urged by appellants is that respondent has violated the Fourteenth Amendment's equal protection clause by selective enforcement against their establishments. A revocation hearing was scheduled and, in order to establish this defense, Beal Properties subpoenaed six employees of respondent and David Bell subpoenaed two of the same six. The latter two appeared, testified and the hearing was adjourned. One of the subpoenaed witnesses was excused after he testified; no mention was made to the other about returning on the adjourned date and neither did. Motions were made to punish the two witnesses for contempt on failing to return on the adjourned date and also to restrain respondent from proceeding with the revocation hearing until appellants were permitted to present additional proof on their defense of selective enforcement. Respondent moved to quash the six outstanding subpoenas. Special Term denied appellants' motions and quashed the six subpoenas.