Lee Myles Associates Corp. v. Abrams
The petitioners, Lee Myles Associates Corporation and Charles George, filed a CPLR article 78 petition seeking to vacate a determination by the Attorney-General of the State of New York dated June 10, 1982. The Attorney-General had refused to register Lee Myles's franchise offering prospectus due to Charles George's prior felony conviction. Petitioners contended this rejection was arbitrary and violated their due process rights. The court found that the petitioners were denied procedural due process, specifically the opportunity for a full hearing, to confront witnesses, and to subpoena witnesses. Consequently, the court granted the petition to the extent of vacating the Attorney-General's determination and ordered a new de novo hearing on the franchise application, while denying the request for interim relief.