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  5. 49 N.Y.2d 874 (1980)
 

ROB TESS REST. CORP. v. NEW YORK STATE LIQUOR AUTH.

49 N.Y.2d 874 (1980)

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

Court of Appeals of the State of New York.

Decided March 25, 1980.

Attorney(s) appearing for the Case

Martin P. Mehler and Warren B. Pesetsky for appellant.

William P. Maloney and Joseph E. Porcelli for respondent.

Judges JASEN, JONES, WACHTLER, FUCHSBERG and MEYER concur in Per Curiam opinion; Chief Judge COOKE dissents and votes to affirm in a separate opinion in which Judge GABRIELLI concurs.

Per Curiam.

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...

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