Legal Opinion

Matter of Farley

New York Court of Appeals

Decided July 14, 1914PublishedCited by 1 opinion

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 20, 1913, which affirmed an order of Special Term denying a motion for the revocation and cancellation of a liquor tax certificate. The facts, so far as material, are stated in the opinion. The court erred in excluding testimony. (Wharton’s Crim. Ev. [8th ed.] § 262; People v. Stout, 4 Park. Crim.

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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 20, 1913, which affirmed an order of Special Term denying a motion for the revocation and cancellation of a liquor tax certificate. The facts, so far as material, are stated in the opinion. The court erred in excluding testimony. (Wharton’s Crim. Ev. [8th ed.] § 262; People v. Stout, 4 Park. Crim. Cas. 71; Matter of Lyman v. Speidel, 163 N. Y. 536; Matter of Purdy v. Driscoll, 40 App. Div. 133; Matter of Halburn v. Canavan, 30 Misc. Rep. 515; Matter of Peck v. Cargill, 176 N. Y.…

1Opinion of the CourtChase, J.

This is a proceeding under the Liquor Tax Law, Cons. Laws, ch. 34 (section 27, subd. 2), brought to obtain an order revoking and canceling a liquor tax certificate held by the respondent, for permitting the premises described therein to become disorderly. The question whether the respondent permitted the premises described in said certificate to become disorderly was one of fact. It is not claimed that this court can reverse the findings of fact, but it is urged that certain evidence received at the trial was erroneously stricken from the record by the court at Special Term.

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2Cases cited5 opinions

  1. Matter of Peck v. . CargillNew York Court of Appeals · 1901
  2. In re CullinanAppellate Division of the Supreme Court of the State of New York · 1902
  3. In re PlassAppellate Division of the Supreme Court of the State of New York · 1902
  4. Wheaton v. SlatteryAppellate Division of the Supreme Court of the State of New York · 1904
  5. Matter of PlassNew York Court of Appeals · 1903

3Cited by1 opinion

  1. Matter of Farley v. . WurzNew York Court of Appeals · 1916

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