Quimbee logo
DMCA.com Protection Status
From our private database of 16,600+ case briefs...

Beer Garden v. State Liquor Authority

New York Court of Appeals
590 N.E.2d 1193 (1992)


Beer Garden, Inc. (plaintiff) had a license for the sale of alcoholic beverages issued by the New York State Liquor Authority (SLA) (defendant). The SLA issued Beer Garden a notice initiating a proceeding to determine whether Beer Garden’s license should be revoked due to disturbances on its premises. The SLA issued a second notice to Beer Garden initiating proceedings to suspend Beer Garden’s license for selling alcoholic beverages to a minor. The SLA issued a third notice scheduling an interview in connection with the first notice. Sharon L. Tillman, counsel for SLA, issued all three notices. Pursuant to SLA regulations, an administrative law judge (ALJ) conducted hearings on the revocation and suspension proceedings and found evidence sustained the charges. The ALJ referred the case to the Commissioners of the SLA for final determination. Shortly thereafter, Tillman became an SLA Commissioner. The Commissioners, including Tillman, adopted the ALJ’s findings and voted to revoke Beer Garden’s license. Beer Garden petitioned for reconsideration and sought that Tillman recuse herself from participating in the decision based on her role as SLA counsel at the hearings. Tillman refused to recuse herself. The Commissioners sustained the determination. Beer Garden brought a proceeding challenging the revocation. The Appellate Division held Tillman’s refusal to recuse herself mandated Beer Garden’s petition to be granted. SLA appealed.

Rule of Law


Holding and Reasoning (Kaye, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 426,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 16,600 briefs, keyed to 223 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial