The NY DMV Appeals Board released a 13-page decision this week, ruling that GM’s sales metric is unfair, arbitrary and unreasonable. The Decision adopts the Administrative Law Judge’s written decision that GM did not have legal grounds to terminate Beck Chevrolet based on the unfair sales requirements imposed upon Beck by GM in its Dealer Sales and Service Agreement. Three components of the Appeals Board’s conclusion are noteworthy. First, of course, as the NY Court of Appeals held, the Appeals Board ruled that GM’s sales metric is unfair, arbitrary and unreasonable in violation of Section 463(2)(gg) of the NY Dealer Act. Second, the Appeals Board found substantial evidence that GM failed to prove that its notice of termination to Beck was issued in good faith, as required by Section 463(2)(d) and (e) of the NY Dealer Act. Finally, the Appeals Board affirmed that GM’s attempt to terminate Beck was arbitrary.