The First Department vacated the administrative penalty of the revocation of petitioner's liquor license, in Dawkins v. New York State Liquor Authority, which was decided on January 10, 2008.

The state agency had determined that petitioner had impeded an inspection of the licensed premises, in violation of Alcoholic Beverage Control Law § 106[15], served alcohol to three visibly intoxicated individuals (§ 65[2]), failed to display her license conspicuously (§ 114[6]), and failed to comply with regulations regarding signage for fire exits.

The court, though, said that the penalty of license revocation was excessive, in light of petitioner's prior unblemished record, and considering the impact of such a penalty on her livelihood. The court remitted the matter to the agency for the imposition of an appropriately lesser penalty.