In re Farley
New York Supreme Court
Petition by William Farley, as. State Commissioner of Excise, for an order revoking and canceling liquor tax certificate No. 20,889, issued to Wasyl Bednarczuk. Dismissed.
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Petition by William Farley, as. State Commissioner of Excise, for an order revoking and canceling liquor tax certificate No. 20,889, issued to Wasyl Bednarczuk. Dismissed. This proceeding is brought for the revocation and cancellation of a liquor tax certificate, upon the ground that the holder of such certificate did not procure the consent in writing of two-thirds of the owners of the buildings occupied exclusively for dwellings, situated within 300 feet of the nearest entrance to the premises in which the traffic in liquor is carried on, and that material statements in the application were…
1Opinion of the CourtRoss, J.
Both the petitioner and respondent assume that there are 45 dwellings within the prescribed limit. The respondent stated in his application that there were 42, but no contention is made because of such statement. The petitioner claims that the respondent did not obtain the requisite two-thirds, or 30 consents. The respondent claims that he has the consents of 33 owners, or 3 in excess of the requisite number. The petitioner claims that the respondent has only the apparent consents of 31 owners. The precise cause of this difference in the apparent number of consents is somewhat obscure, but,…
2Cases cited2 opinions
- In re LymanNew York Supreme Court · 1898
- In re the Petition of McCoyAppellate Division of the Supreme Court of the State of New York · 1905