Opinion
June, 1936.
The claimant-respondent on April 4, 1934, made application in writing to the Alcoholic Beverage Control Board for a license to sell liquor at retail in the city of New York. He was required and did pay as and for a license fee the sum of $600. His application for a license was granted on May 4, 1934. The licenses shall commence upon the date of their issuance and terminate upon the expiration of the interim period. There were a large number of applications before the Board. The Court of Claims has found that the license fee which should have been charged the claimant, computed at the rate of $1,200 per year for the term beginning May 4 and ending October 1, 1934, would have amounted to $494.50 and they have rendered judgment for $106.50. The statute in question makes no provision for a refund. The judgment should be reversed and the claim dismissed, with costs, upon the authority of Maguire v. State of New York ( 247 App. Div. 698), decided herewith. Judgment reversed, and claim dismissed, with costs, upon the authority of Maguire v. State of New York ( 247 App. Div. 698), decided herewith. Hill, P.J., Rhodes, McNamee, Crapser and Bliss, JJ., concur.