In re Cullinan
Appellate Division of the Supreme Court of the State of New York
Appeal by the petitioner, Patrick W. Cullinan, as State Commissioner of Excise, from an order of the Supreme Court, madeat the Kings County Special Term and entered in the office of the clerk of the county of Queens on the 22d day of April, 1903, denying the petitioner’s motion to revoke and cancel liquor tax certificate No. 21,917, issued to John Niederstein, and also- from a judgment for costs in favor of the respondent, entered in said clerk’s office on the 2d day of…
Read the full summary
Appeal by the petitioner, Patrick W. Cullinan, as State Commissioner of Excise, from an order of the Supreme Court, madeat the Kings County Special Term and entered in the office of the clerk of the county of Queens on the 22d day of April, 1903, denying the petitioner’s motion to revoke and cancel liquor tax certificate No. 21,917, issued to John Niederstein, and also- from a judgment for costs in favor of the respondent, entered in said clerk’s office on the 2d day of June, 1903.
1Opinion of the Court
Hooker, J.:
This is an appeal from an order denying an application to cancel a liquor tax certificate issued to the respondent. An issue was raised by the answer of the certificate holder, and proof was taken before a referee appointed for that purpose. Section 23 of the Liquor Tax Law (Laws of 1896, chap. 112, as amd. by Laws of 1900, chap. 367), in the enumeration of those who shall not traffic in liquors, provides, in part, as follows: “ No corporation, association, copartnership or person, who, as owner or agent, shall suffer or permit any gambling to be done in the place designated by the…
2Cases cited2 opinions
- Lyman v. . KurtzNew York Court of Appeals · 1901
- In re LymanAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by3 opinions
- State v. GramsWisconsin Supreme Court · 1942
- Savoy Associates, Inc. v. ValentineAppellate Division of the Supreme Court of the State of New York · 1943
- In re City of New York to Revoke License No. 352 of the Police DepartmentNew York Supreme Court · 1907