
    Matter of the Petition of Charles E. Schuyler, for an Order Revoking and Cancelling Liquor Tax Certificate No. 5,144, Issued April 29, 1899, to James Ryan.
    (Supreme Court, New York Special Term,
    July, 1900.)
    1. Liquor Tax Law — Revocation of certificate not affected by its expiration during the proceeding.
    Where a liquor tax certificate holder has violated the statute, a proceeding by a citizen to cancel the certificate is not impaired by the expiration of the license during the pendency of the proceeding.
    
      2. Same — Discharge in criminal proceedings not a bar.
    The discharge of the certificate holder, in a criminal prosecution based on the very acts constituting the violation upon which a citizen now seeks under the Liquor Tax Law to procure cancellation of the certificate, is not a bar to the latter proceeding.
    Application for an order revoking and cancelling a liquor tax certificate.
    Royal R. Scott, for petitioner.
    Zeller & Miehling, for respondent.
   O’Gorman, J.

The evidence clearly establishes the violation alleged in the petition. The respondent, however, resists the application to cancel the certificate on two grounds—first, that the license has expired since the commencement of this proceeding; and, secondly, that on a criminal prosecution based on the acts constituting the violation in question the respondent was discharged. ¡Neither ground is tenable. The right to a cancellation, where the evidence warrants it, existed at the date of the institution of the proceeding and cannot be impaired by the subsequent expiration of the license. Matter of Lyman, 28 Misc. Rep. 408; affd., 48 App. Div. 275; Hanson v. Howard, N. Y. L. J. June 12, 1900. Touching the second point, it is sufficient to note that a principal may be held civilly liable for many acts which do not create a criminal liability. Moreover, a proceeding prosecuted by the People of the State cannot be regarded as a bar to the prosecution of this proceeding instituted by a citizen.

Let an order be entered revoking the certificate, with costs to petitioner.

Ordered accordingly.  