People v. Faxlanger

Defendant was convicted of unlawfully operating a filling station in that he willfully failed to procure a license from the Department of Taxation and Finance as required by section 283-a of the Tax Law. The Attorney-General concedes that the issuance of a license may be compelled by mandamus, and once issued may not be taken away except by due process. We are agreed that section 283-a of the Tax Law is valid.

We do not now concern ourselves with the unreasonableness of any regulation, for such question is not an issue here; nor are the alleged serious future dire consequences which defendant…