Appellate Division of the Supreme Court of New York, 1969

Genovese v. Hostetter

Genovese v. Hostetter
Appellate Division of the Supreme Court of New York · Decided September 18, 1969
33 A.D.2d 531; 314 N.Y.S.2d 316; 1969 N.Y. App. Div. LEXIS 3229
Genovese v. Hostetter

Opinion of the Court

Determination unanimously annulled, with costs. Memorandum: It is not disputed that absent the proof received at the administrative hearing as the result of the electronic surveillance of telephones in the licensed premises the determination herein may not be sustained. Contrary to the contention of respondent, counsel for the licensee throughout the hearing objected to the receipt of testimony because of the “illegality” of the order authorizing interruption of telephone communications. Moreover, at the adjourned hearing a copy of the order of Syracuse City Court suppressing all evidence obtained from the wiretaps was received in evidence and the findings affirmatively so state. Matter of Finn’s Liq. Shop v. State Liq. Auth. (24 N Y 2d 647) mandates the annulment of the determination. (Review of determination suspending liquor license and forfeiting bond, transferred by order of Onondaga Special Term.) Present — Goldman, P. J., Del Vecchio, Witmer, Gabrielli and Bastow, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.