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In re Auerbach
2 Liquor Tax Rep. 273
N.Y. Sup. Ct.
1900
Check Treatment
Bisohoff, J.

After 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.

Application denied, with ten dollars costs.

Case Details

Case Name: In re Auerbach
Court Name: New York Supreme Court
Date Published: Mar 15, 1900
Citation: 2 Liquor Tax Rep. 273
Court Abbreviation: N.Y. Sup. Ct.
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