
    Supreme Court, New York Special Term.
    Reported. N. Y. L. J.,
    November 13, 1903.
    In the Matter of the Petition of Patrick W. Cullinan, as State Commissioner of Excise, for an Order Revoking and Canceling Liquor Tax Certificate No. 15,047, Issued to Frederick Lohbauer.
    
      Herbert H. Kellogg, for petitioner.
    
      James J. Walsh, for respondent.
   Clark, J.

The evidence fully sustains a violation of the statute on two Sundays, and if the defendant had proved that the establishment was a “ hotel ” the result would be the same. Therefore defendant’s motion to refer back is denied. The license must be revoked, with costs. Settle order on notice.  