Matter of Fiotto v. State Liquor Authority, 20 N.Y.2d 424 (1967)

A party must make a specific and timely objection to the admission of evidence at an administrative hearing to preserve a constitutional challenge for appellate review.

Summary

The New York Court of Appeals addressed whether a liquor license revocation should be overturned based on evidence obtained via search warrants that were later vacated. The licensee argued the evidence was inadmissible due to violations of his Fourth and Fourteenth Amendment rights. However, the Court held that because the licensee failed to specifically object to the evidence on constitutional grounds during the administrative hearings, the issue was not properly preserved for appellate review. The Court emphasized the importance of raising objections to allow the hearing officer to address the issue contemporaneously.

Facts

The State Liquor Authority (SLA) revoked the petitioner’s restaurant liquor license based on evidence that he