
    Matter of the Petition of Maynard N. Clement, as State Commissioner of Excise, for an Order Revoking and Cancelling Liquor Tax Certificate No. 23661, Issued to James Vessa.
    (Supreme Court, Monroe Special Term,
    May, 1908.)
    Intoxicating liquors — Revocation or forfeiture of license — Proceedings to annul certificate — Time for instituting proceedings.
    It is not necessarily an answer to a proceeding under the Liquor Tax Law by the State Commissioner of Excise to revoke and cancel a liquor tax certificate that it was begun more than thirty days after the holder surrendered such certificate for cancellation.
    Proceeding under the Liquor Tax Law by the State Commissioner of Excise to revoke and cancel a liquor tax certificate.
    Robert F. Thompson, for petitioner.
    Clarence Ten Eyck, for respondent.
   Foote, J.

The preliminary objection by the defendant, that this proceeding cannot be maintained because begun more than thirty days after the surrender by the defendant of his liquor tax certificate for cancellation, is overruled; and the trial of the issues raised by the defendant’s answer is ordered to be had at a Special Term appointed to be held at the court-house in the city of Rochester, FT. Y., on Saturday, February 1, 190-8, at 11 o’clock in the forenoon.

Ordered accordingly.  