110 A.D. 371
Appellate Division of the Supreme Court of the State of New York
Decided December 30, 1905
Appellate Division of the Supreme Court of the State of New York · decided 1905-12-30
Certiorari issued out of the Supreme Court, dated the 9th day of August, 1905, directed to Edward H. Healy . and, another, as Special Deputy Commissioner of Excise of the boroughs of Manhattan and The Bronx, and superintendent of buildings of the borough of .Manhattan, respectively, commanding them to certify and return to the office of the clerk of the county of Hew York all and singular their proceedings had in relation to the revocation of a certain liquor tax…
Decided 1905-12-30
¶1Í concur in the result, but upon the. ground that the statute is constitutional. • If it were unconstitutional I think there would, be a remedy by certiorari. I know "of ho other way to correct the récord and restore the liquor tax certificate and preserve the licensee’s right to sell liquor in the meantime, and to obtain a rebate if lie should desire to surrender the certificate.
¶2Patterson, J., dissented.
¶3Writ dismissed, with fifty dollars costs and disbursements.