MATTER OF DESIMONE v. NEW YORK STATE LIQUOR AUTORITY


12 A.D.2d 998 (1961)

In the Matter of John Desimone, Respondent, v. New York State Liquor Autority, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

February 23, 1961


Order unanimously reversed, without costs of this appeal to either party, and proceeding remitted to Special Term for further proceedings in accordance with the memorandum.

Memorandum:

After this proceeding had been transferred to this court, Special Term had no jurisdiction to "decertify" the proceeding or to take any other action (in relation to the matter certified) without permission of this court. We agree with Special Term that the present answer is...

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