Public-domain · open source
OpenJurist

62 Misc. 512

In re Clement

New York Supreme Court

Decided March 15, 1909

New York Supreme Court · decided 1909-03-15

<p>Intoxicating liquors — Revocation or forfeiture of license — Proceedings to annul certificate — Time for commencing.</p> <p>It is no defense to an application for the revocation of a liquor tax certificate that the certificate had been surrendered prior to the discovery of the violation and the commencement of the proceedings to revoke. Such proceedings may be instituted at any time during the excise year for which the certificate was issued.</p>

Cited by 1 later decisions — most recently July 1929

1 district ·

Good law ✅— No negative treatment on recordhow we know

Decided 1909-03-15

View the full empirical analysis of this case →

Newburger, J.

¶1The objection raised by the respondent that these proceedings should be dismissed for failure to be*513gin proceedings within thirty days from the receipt of the certificate of surrender cannot be considered. It is no defense to an application for a revocation that the certificate had been surrendered prior to the discovery of the violation of the commencement of proceedings to revoke. Such proceedings may be instituted at any time during the excise year for which such certificate was issued. See People ex rel. Hupfels Sons v. Cullinan, 95 App. Div. 598. The order must be granted revoking the certificate. Settle order on notice.

¶2Order granted.'

/62/misc/512 · .json · Public domain