New York Court of Appeals

Rob Tess Restaurant Corp., Respondent v. New York State Liquor Authority, Appellant

March 25, 198049 N.Y.2d 874

Summary

The Court of Appeals modified the Appellate Division's judgment by striking the cancellation penalty and remanding for the State Liquor Authority to impose an appropriate penalty other than cancellation, holding that such discretion rests with the agency. Chief Judge Cooke dissented, arguing that automatic remand to the agency is improper.