Proceeding under article 78 of the Civil Practice Act to review a determination of the respondent, Police Commissioner of the City of New York, revoking petitioner’s cabaret license. The proceeding has been transferred to this court for disposition (Civ. Prae. Act, § 1296, subd. 7). Determination revoking said license annulled, without costs, and matter remitted to respondent for further proceedings consistent herewith. Prior to April 24, 1959, petitioner was directed to show cause why its cabaret license should not be revoked for permitting known criminals to frequent the licensed premises on February 28, 1959. On April 24, 1959, the charge that it had permitted such use of its premises was sustained with respect to one of the criminals named therein who was the brother-in-law of petitioner’s sole stockholder. Petitioner’s cabaret license was suspended for five days, execution of the suspension was withheld, and petitioner was warned that future violations
