The licensees were charged with violation of subdivision 6 of section 106 of the Alcoholic Beverage Control Law, in that they suffered or permitted the licensed premises to become disorderly on or about March 18, 1955. Thereafter hearings were held before Frank J. Sellmayer, deputy commissioner. The hearing commissioner’s “ summary and findings ” were signed by “ F. J. Sellman, Hearing Commissioner.” We are assuming that Mr. Sellmayer and Mr. Sellman are one and
The State Liquor Authority by order of August 19, 1955, revoked the license and padlocked the premises for twenty-four months. The revoking Authority found no facts at all. The order did not even adopt the meagre and insufficient findings of the hearing commissioner. It merely recites that the State Liquor Authority duly considered the proceedings and found that the licensees violated the section ‘ ‘ in that they suffered or permitted the licensed premises to become disorderly on or about March 18, 1955.” Until this court is made cognizant of what facts were found by the revoking Authority, it cannot decide whether the findings are sustained by the evidence. (Matter of Elite Dairy Prods. v. Ten Eyck, 271 N. Y. 488, 498.) It was recently said in Matter of Moudis v. Macduff (286 App. Div. 485, 486): “We have repeatedly stated that administrative agencies, in respect to determinations subject to judicial review, must make findings which are sufficient to inform the court and parties as to the findings made and the basis of the findings, in order that the court and the parties may know what findings were made and whether the findings are supportable
The determination should be annulled and the matter remitted to the State Liquor Authority for a further hearing and proper determination.
All concur. Present — McCurn, P. J., Vaughan, Kimball, Wheeler and Williams, JJ.
Determination annulled, without costs, and matter remitted for further hearing and proper determination.
