Opinion
May, 1908.
Robert F. Thompson, for petitioner.
Clarence Ten Eyck, for respondent.
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, N.Y., on Saturday, February 1, 1908, at 11 o'clock in the forenoon.
Ordered accordingly.