In re Cullinan — 87 N.Y.S. 1131

Majority

p. 1131

In re CULLINAN, Excise Com’r.

(Supreme Court, Appellate Division, Fourth Department.

April 5, 1904.)

Headnote

In the matter of the petition of Patrick W. Oullinan, as state commissioner of excise, for an order revoking and canceling liquor tax certificate No. 12,077 issued to Adam Herrmann.

Order reversed, with costs, and application of petitioner granted, with $25 costs and taxable disbursements, revoking and canceling the liquor tax certificate issued to the holder, Adam Herrmann. Held, that by the preponderance of the evidence it is established that said certificate holder wrongfully and unlawfully had open and unlocked the door and entrance leading into his barroom upon the day in question, and also that upon said day said certificate holder personally, by his agents and servants, did wrongfully and unlawfully traffic in liquor.

WILLIAMS, J., dissents.