New York Court of Appeals
In the Matter of Beer Garden, Inc., Respondent-Appellant v. New York State Liquor Authority, Appellant-Respondent…
March 26, 199279 N.Y.2d 266
Summary
The Court held that the State Liquor Authority's rule 36.1(q) is invalid as applied because it conflicts with the statutory awareness requirement of Alcoholic Beverage Control Law § 106(6), and that Commissioner Sharon L. Tillman must recuse herself from any adjudication of the charges she previously prosecuted. Accordingly, the focal‑point charges were dismissed and the matters were remanded without her participation.