
    Supreme Court, New York Special Term,
    March, 1900.
    Reported. 31 Misc. 46.
    Matter of the Petition of Joseph Auerbach to Revoke and Cancel the Liquor Tax Certificate No. 6615, Issued to Johannes M. Johannsen.
    Liquor Tax Law—Stay not granted after cancellation of certificate.
    Where an order, cancelling a liquor tax certificate for false answers in 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.
    Proceedings under the Liquor Tax Law (Laws of 1896, chap. 112) to revoke and cancel a liquor tax certificate. Motion by respondent for a stay of proceedings, pending an appeal.
    
      William S. Gordon, for petitioner.
   Bischoff, J.:

After entry and service of an order cancelling a 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 can not 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, can not 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.  