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31 Misc. 46

In re Auerbach

New York Supreme Court

Decided March 15, 1900

New York Supreme Court · decided 1900-03-15

<p>Liquor Tax Law — Stay not granted after cancellation of certificate.</p> <p>Where an order, cancelling a liquor tax certificate for false answersln the application, has been entered and served, the court has no-power to stay proceedings, pending an appeal from the order, as it is-self-executing and upon its entry and service the rights of the holder cease by statute.</p>

Cited by 1 later decisions — most recently November 1906

1 district ·

Good law ✅— No negative treatment on recordhow we know

Decided 1900-03-15

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Bisohoff, J.

¶1After entry and service of an order cancellinga liquor tax certificate in a proceeding instituted under section 28 of the Liquor Tax Law, the respondent seeks a stay of proceedings-pending his appeal from the order, but it appears that a stay cannot affect the situation and the motion should, therefore, be denied. Under the provisions of the Liquor Tax Law, § 28, subd. 2, the order is self-executing, and upon its entry and due.service the rights of the holder by virtue of the certificate “ shall cease.” Therefore,, a stay, operating only upon future proceedings, cannot affect the-legal status of the party as already fixed by law, and, with or without a stay, his further acts under the certificate would be in violation of the penal provisions of the statute. Application denied, with, ten dollars costs.

¶2Application denied, with ten dollars costs.

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