Hering v. Clement
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered June 18, 1909, which affirmed an order of Special Term denying an application for a writ of certiorari to review the action of the special deputy commissioner of excise for the borough of Brooklyn in refusing to issue a liquor tax certificate, On September 30th, 1908, Robert tiering, residing at No. 217 Sumpter street, in the borough of Brooklyn, presented to the…
Read the full summary
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered June 18, 1909, which affirmed an order of Special Term denying an application for a writ of certiorari to review the action of the special deputy commissioner of excise for the borough of Brooklyn in refusing to issue a liquor tax certificate, On September 30th, 1908, Robert tiering, residing at No. 217 Sumpter street, in the borough of Brooklyn, presented to the acting special deputy commissioner of excise for that borough an application for a liquor tax certificate to carry on…
1Opinion of the Court
Per Civriam.
Section 24 of the Liquor Tax Law, which prescribes the places in which traffic in liquor shall not be permitted, forbids such traffic in a place within two hundred feet of a building occupied exclusively as a church. The statute which was originally enacted in 1896 provided, however, that this prohibition should not apply to a place which on the 23rd day of March in that year was lawfully occupied for a hotel nor to a place in which the liquor traffic was lawfully carried on at that date. No exception was made in behalf of a dealer in liquors who might lawfully establish and carry…
2Cited by24 opinions
- In re the Accounting of RathscheckNew York Court of Appeals · 1950
- Saltser & Weinsier, Inc. v. McGoldrickNew York Court of Appeals · 1946
- Yates v. MulrooneyAppellate Division of the Supreme Court of the State of New York · 1935
- In re the Construction of the Will of CharlesNew York Surrogate's Court · 1951
- Strauch v. Town of Oyster BayAppellate Division of the Supreme Court of the State of New York · 1941
19 more not listed; retrieve them via the Exa API.