Supreme Court of New Jersey

Joseph Mazza, Trading as Traveler’s Hotel & Restaurant, Appellant v. Dominic A. Cavicchia

May 24, 195415 N.J. 498

Summary

The Supreme Court of New Jersey reversed the Appellate Division, holding that the Division of Alcoholic Beverage Control's failure to provide the appellant with a copy of the hearer's confidential report violated due process, and remanded for a decision consistent with that finding. The Court also affirmed the statutory authority of the Director to delegate hearings, upheld Rule 31 as a valid presumption, rejected the claim that the affidavit admission was reversible error, and rejected the argument that the lack of a brief‑or‑oral‑argument rule was fatal. Justice Jacobs dissented, arguing the suspension was proper, while Justice Heher concurred in the result but questioned the scope of Rule 31.