In re Cullinan
Appellate Division of the Supreme Court of the State of New York
Appeal by Joe Kray from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 8th day of July, 1903, appointing a referee, and also from an order entered in said clerk’s office on the 12th day of August, 1903,. revoking and canceling liquor tax certificate No. 3,614 issued to him.
1Opinion of the Court
Jenks, J.:
This proceeding to revoke and to cancel a liquor tax certificate was begun by an order to show cause,' granted on October 28, 1902. The holder refused either to appear or to file answer, but moved to dismiss on the unconstitutionalty of subdivision 2 of section 28 of the Liquor Tax Law (Laws of 1896, chap. 112, as amd. by Laws of 1901, chap. 640). The Special Term, upon the moving papers, revoked and canceled the certificate. We reversed the order, but remitted the proceeding to the Special Term for further action in accordance with the law. (Matter of Cullinan [Kray Certificate] 82…
2Cases cited4 opinions
- Ely and Others v. . HoltonNew York Court of Appeals · 1857
- Devoy v. MayorNew York Supreme Court · 1861
- In re CullinanAppellate Division of the Supreme Court of the State of New York · 1903
- In re CullinanAppellate Division of the Supreme Court of the State of New York · 1904