
    The People of the State of New York ex rel. Ernest Ochs, Incorporated, Appellant, v. George Hilliard, as Special Deputy Commissioner of Excise, Respondent.
    
      People ex rel. Oaks v. Hilliard, 81 App. Div. 71, affirmed.
    (Argued March 31, 1904;
    decided April 5, 1904.)
    Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 1Y, 1903, which affirmed an order of Special Term denying an application for a peremptory writ of mandamus to compel defendant to cancel a licpior tax certificate and issue rebate receipts and dismissing an alternative writ theretofore allowed.
    
      Moses Weinman for appellant.
    
      Herbert H. Kellogg for respondent.
   Order affirmed, with costs; no opinion.

Concur: Parker, Oh. J., Gray, O’Brien, Bartlett, Haight, Martin and Cullen, JJ.  