In re Clement — 119 N.Y.S. 1120

Majority

p. 1120

In re CLEMENT, State Excise Com’r. In re ENDERS.

(Supreme Court, Appellate Division, First Department.

November 19, 1909.)

Headnote

Appeal from Special Term, New York County. In the matter of the petition of Maynard N. Clement, as State Commissioner of Excise, to revoke liquor tax certificate No. 4,478, issued to John Enders. From an order denying the petition, petitioner appeals.

Affirmed, as modified.

H. H. Kellogg, for appellant.

J. F. Harrington, for respondent.

The order appealed from should be modified, by striking therefrom the provision to the effect that the motion for revocation of the liquor tax certificate, on the ground that the holder thereof has suffered and permitted the premises to be and remain disorderly as alleged in the petition, be denied, and by inserting in lieu thereof a provision to the effect that the application of the petitioner is granted, as well upon the ground that the holder of the liquor tax certificate has suffered and permitted the premises to become and remain .disorderly as alleged in the petition, as upon the ground that he- permitted illegal sales of liquor therein. As so modified, the order should be affirmed, with $10 costs and disbursements to the appellant.