Opinion
November 6, 1961
In a proceeding under article 78 of the Civil Practice Act, to review and annul the determination of the Police Commissioner of the City of New York refusing further consideration to petitioner with respect to permitting him to continue the operation on a temporary basis of his cabaret and restaurant, the parties cross-appeal as follows from orders of the Supreme Court, Kings County: (1) the Commissioner appeals from an order, dated December 22, 1959, annulling such determination and directing the Commissioner to issue a permit to petitioner on a temporary basis; and (2) the petitioner appeals from an order dated January 25, 1960, staying the Commissioner from interfering with petitioner's continued operation of his cabaret, pending the determination of the Commissioner's appeal from the first order of December 22, 1959. Upon the stipulation of the respective parties, dated September 25, 1961, both appeals are discontinued and withdrawn. Beldock, Acting P.J., Ughetta, Christ, Pette and Brennan, JJ., concur.