Rishwain

This is an appeal from a judgment denying a petition for a writ of mandate sought to reverse the decision of the Department of Alcoholic Beverage Control which denied appellant’s application for a transfer of an off-sale liquor license.

On May 16, 1957, the Department of Alcoholic Beverage Control filed its decision denying appellant’s application for a transfer of an off-sale general liquor license and on the same day mailed the decision to the appellant.

On June 13, 1957, appellant filed a petition with the said board for reconsideration of its decision which was denied by an order reading: “On June 18, 1957, the Department of Alcoholic Beverage Control reconsidered its decision in the *208 above entitled matter by ordering that reconsideration be denied.” And on June 28, 1957, the department filed an amended order reaffirming said order as follows: ‘ ‘ On J une 18, 1957, the Department of Alcoholic Beverage Control acted upon the petition of Peter T. Rishwain, for reconsideration of the Department’s decision in the above matter by ordering that reconsideration be denied.”

Thereafter, on July 1, 1957, appellant filed an appeal from the decision on the merits with the…