
    Supreme Court, New York Special Term.
    Reported. N. Y. L. J.,
    October 20, 1903.
    In the Matter of the Petition of Patrick W. Cullinan to Revoke the Liquor Tax Certificate of Peter Capdeville & Co.
    
      E. E. Kellogg, for petitioner.
    
      Eobn Smith, for respondent.
   Leventritt, J.

I find myself in accord with Mr. Justice Bisckoff's carefully considered opinion and conclusion in People ex rel. Cullinan v. Neus (L. J. August 8, 1903) and accept its reasoning as controlling here. The court must in any event take proof of the facts, and the power to order a reference for that purpose is inherent without any express provision. Petitioner may take an order of reference, the motion for the final order thereafter to be made on the usual notice.  