PER CURIAM:
The only ground on which it was sought to have the respondent's license revoked was that he had violated the Excise Law in selling liquor to be drunk on the premises without a license or liquor tax certificate authorizing such sale. In Matter of Lyman ( 160 N.Y. 96) the Court of Appeals has held that a liquor tax certificate can be forfeited for a violation of law by the holder only upon conviction for such offense, and not in a summary investigation before a justice of this court or a magistrate. It follows that this proceeding cannot be maintained.
The order appealed from should be affirmed, with ten dollars costs and disbursements.
All concurred.
Order affirmed, with ten dollars costs and disbursements.