New York Law Review

1616 Second Avenue Restaurant, Inc. v. New York State Liquor Authority, 75 N.Y.2d 158 (1990): Disqualification of Decision-Maker Due to Public Statements Indicating Prejudgment

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The New York Law Review

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1616 Second Avenue Restaurant, Inc. v. New York State Liquor Authority, 75 N.Y.2d 158 (1990)

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An administrative decision-maker must disqualify themself from a proceeding if a disinterested observer could conclude that the official has prejudged the facts of the case based on public statements.

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Summary

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1616 Second Avenue Restaurant, Inc. (Dorrian’s) challenged a determination by the State Liquor Authority (SLA) suspending its liquor license. The Chairman of the SLA, Thomas Duffy, had made public statements before a legislative oversight committee regarding the charges against Dorrian’s before the SLA’s final determination. Dorrian’s argued Duffy’s statements indicated prejudgment, violating their due process rights. The Court of Appeals held that Duffy’s public statements created an appearance of bias, requiring his disqualification from the proceeding. This decision underscores that public statements demonstrating prejudgment of adjudicative facts by an administrative official necessitate recusal to ensure impartiality.

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Facts

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Dorrian’s Red Hand, a Manhattan restaurant, held a liquor license since 1962. In August 1986, Dorrian’s gained notoriety due to its connection to the

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