Rob Tess Restaurant Corp. v. New York State Liquor Authority

OPINION OF THE COURT

The judgment of April 17, 1979 of the Appellate Division should be modified by striking therefrom everything after the word "cancellation” and remitting the matter to the Appellate Division with directions to remand it to the authority for the imposition of an appropriate penalty other than cancellation.

We agree with the Appellate Division that in view of the 37-year unblemished record of the licensed premises and the owner’s immediate intervention in the short altercation the penalty of cancellation is "so grave in its impact on the individual subjected to it that it is…