text:
    The People of the State of New York, Respondent, v. John W. Holland, Appellant.
    Argued January 14, 1953;
    decided March 6, 1953.

      Stewart T. Schants for appellant.

      Frank A. Gulotta, District Attorney (Henry P. De Vine of counsel), for respondent.
   Judgments reversed and matter remitted to the County Court of Nassau County for the resentencing of defendant as a first offender for the reasons set forth in the dissenting opinion in the Appellate Division. No opinion.

Concur: Loughran, Oh. J., Lewis, Conway, Desmond, Fuld and Froessel, JJ. Dye, J., dissents and votes to affirm for the reason that the Federal conviction was for a crime which, if committed in New York State, would have constituted a felony under subdivision 1 of section 2460 of the Penal Law.


source: Caselaw Access Project

license: Public Domain

text:
    In the Matter of the Accounting of Bank of New York and Fifth Avenue Bank, as Trustee of a Trust for Jennie Moses under the Will of Selig Steinhardt, Deceased. Minnie L. Moses et al., Appellants; Bank of New York and Fifth Avenue Bank, as Trustee of a Trust for Jennie Moses under the Will of Selig Steinhardt, Deceased, and as Executor of Jennie Moses, Deceased, et al., Respondents.
    Argued January 15, 1953;
    decided March 6, 1953.

      Joshua Jacobs, Salvatore Viscardi and Merritt T. Viscardi for Minnie L. Moses and another, appellants.

      Copal Mints and Jacob M. Kornfeld for Harold Steinhardt and another, appellants.

      George W. Martin for Bank of New York and Fifth Avenue Bank, as trustee, respondent.

      Frank P. Grad, Charles Hubert and Naomi Hanson for Carrie Steinhardt, respondent.
   Order affirmed, with costs to all parties appearing separately and filing separate briefs, payable out of the estate. First, second and fifth questions certified answered in the affirmative. Third and sixth questions certified answered in the negative. Fourth question certified not answered. No opinion.

Concur: Lottghrax, Ch. J., Lewis, Coxway, Desmoxd, Dye, Fttld and Froessel, JJ.


text:
    In the Matter of the Estate of James G. Harbord, Deceased. Bankers Trust Company et al., as Executors of James G. Harbord, Deceased, Appellants; State Tax Commission, Respondent.
    Argued January 20, 1953;
    decided March 6, 1953.

      Monroe Gollenburg, John A. Gifford and Hugh L. Thomson for appellants.

      Mortimer M. Kassell and Francis Kelliher for respondent.
   Order affirmed, with costs to appellants and respondent payable out of the estate. Question certified not answered. No opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Dye, Fuld and Froessel, JJ.


text:
    In the Matter of the City of New York, Respondent, Relative to Acquiring Title to Real Property from 2nd Avenue to West 155th Street, and Adjoining Property, Borough of Manhattan, Required for Harlem River Drive. In the Matter of the City of New York, Respondent, Relative to Acquiring Title to Real Property along the Harlem River between 2nd Avenue and East 140th Street, Borough of Manhattan, Required for Improvement of Waterfront and Harbor. Lou-Ann Holding Corp., Appellant.
    Argued January 21, 1953;
    decided March 6, 1953.

      Morris Wagman and Irving Sheinfeld for appellant.

      Denis M. Hurley, Corporation Counsel (Samuel K. Handel, Harry E. O’Donnell and Reuben Levy of counsel), for respondent.
   Order affirmed, with costs; no opinion.

Concur: Loughbah, Ch. J., Lewis, Conway, Desmond, Dye, Fuld and Fboessel, JJ.


text:
    In the Matter of Samuel Silverman et al., Appellants. R. Hoe & Co., Inc., Respondent.
    Submitted February 24, 1953;
    decided March 6, 1953.
   Motion for reargument or, in the alternative, to amend remittitur denied, with $10 costs and necessary printing disbursements. [See 305 N. Y. 13.]


text:
    The People of the State of New York, Appellant and Respondent, v. John P. Rollek, Respondent and Appellant, et al., Defendants.
    Submitted February 24, 1953;
    decided March 6, 1953.
   Motion for reargument and for a stay denied. [See 304 N. Y. 905.]


text:
    In the Matter of Jessie Brinn, Appellant. The People of the State of New York et al., Respondents.
    Submitted February 24, 1953;
    decided March 6, 1953.

      Mercedes Hoffmann for motion.

      Nathaniel L. Goldstein, Attorney-General (Wendell P. Broion, Abe Wagman and Irving L. Rollins of counsel), opposed.
   Motion denied upon the ground that an appeal lies as of right.


text:
    Joseph A. L. Blek, Appellant, v. Alexandra M. Blek, Respondent.
    Submitted February 24, 1953;
    decided March 6, 1953.

      S. Leighton Frooks and Dorothy Frooks for motion.

      Emerson A. Swartz and Joseph W. Wackerman opposed.
   Motion denied, with $10 costs.


text:
    In the Matter of Samuel Silverman et al., Appellants and Respondents. R. Hoe & Co., Inc., Respondent and Appellant.
    Argued January 19, 1953;
    decided April 9, 1953.

      Bernard S. Kanton for appellants-respondents.

      Neil P. Cullom and Stanford Schewel for respondent-appellant.
   Order affirmed, without costs; no opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Dye, Fuld and Froessel, JJ.


text:
    The People of the State of New York ex rel. James Farnsworth, Appellant, against Robert E. Murphy, as Warden of Auburn State Prison, Respondent.
    Argued January 13, 1953;
    decided April 9, 1953.

      M. Maurice Chacchia and James Farnsworth, in person, for James Farnsworth, appellant.

      Nathaniel L. Goldstein, Attorney-General (William 8. Elder, Jr., Wendell P. Brown and Herman N. Harcourt of counsel), for respondent.
   Order affirmed; no opinion.

Concur: Lottghran, Oh. J., Lewis, Conway, Desmond, Dye, Fuld and Froessel, JJ. [See 305 N. T. 828.]


author: Per Curiam.

text:
    The People of the State of New York, Respondent, v. Darrell E. Dutton, Appellant.
    Argued January 7, 1953;
    decided April 9, 1953.

      Charles J. McDonough for appellant.

      Gordon Steele, District Attorney (George H. Mets of counsel), for respondent.
   Per Curiam.

We find in the record evidence sufficient in law to support the judgment insofar as it convicts the defendant, under the first count of the indictment, of violation of section 1250 of the Penal Law. Insofar as the judgment convicts the defendant under the third count of the indictment, of violating section 483-a of the Penal Law, it should be reversed and the third count dismissed upon the ground that there is no evidence sufficient in law to support the unsworn testimony of the complainant, a child nine years of age, within the requirements of section 392 of the Code of Criminal Procedure.

The judgment should be modified in accordance with the opinion herein, and, as so modified, affirmed.

Loughban, Ch. J., Conway, Desmond, Fuld and Fboessel, JJ., concur; Lewis and Dye, JJ., dissent and vote to affirm.

Judgment accordingly.


text:
    In the Matter of Michael J. Barry, Appellant, against John F. O’Connell et al., Individually and as Members of the State Liquor Authority, Respondents.
    Argued November 20, 1952;
    decided April 9, 1953.

      Monroe I. Katcher, II, for appellant.

      Alvin McKinley Sylvester and Robert W. Corcoran for respondents.
   Order affirmed, without costs. Upon the facts and circumstances presented by this record we affirm. We pass upon no other question. No opinion.

Concur: Loughban, Ch. J., Lewis, Conway, Desmond, Dye, Fuld and Froessel, JJ.


text:
    In the Matter of the Estate of Charles E. Weil, Deceased. Anne Weil, by Bank of Rockville Centre Trust Company of Rockville Centre, New York, Respondent; Public Administrator of the County of New York, Appellant.
    Argued February 24, 1953;
    decided April 16, 1953.

      Joseph T. Arenson and Joseph A. Coco for appellant.

      Sydney J. Schwarts and Richard J. Cronan for respondent.

      Peter Keber for New York State Bankers Association, amicus curies, in support of respondent’s position.
   Decree affirmed, with costs. Appeal from order of the Appellate Division dismissed. No opinion.

Concur: Lewis, Conway, Desmond, Dye, Fund and Feoessel, JJ. Lotjghran, Ch. J., deceased.


text:
    In the Matter of Melanie Markens, Appellant, against Joseph D. McGoldrick, as State Rent Administrator, Respondent, and Reymont Properties, Inc., Intervener, Respondent.
    Argued March 2, 1953;
    decided April 16, 1953.

      Irving J. Roth, Frank Roth, Chester E. Frankel and Willard Schwarts for appellant.

      Robert H. Schaffer and Emory Gardiner for respondent. Jerome E. Malino, Joseph Jay and Alfred J. Gilbert for intervener-respondent.
   Order affirmed, with costs; no opinion.

Concur: Lewis, Conway, Desmond, Dye, Fuld and Froessel, JJ. Loughban, Ch. J., deceased.


text:
    In the Matter of Max Katzenstein et al., Appellants, against Joseph D. McGoldrick, as State Rent Administrator, Respondent, and Park Crescent Hotel, Inc., Respondent.
    Argued March 2, 1953;
    decided April 16, 1953.

      Barney Rosenstein and Murray A. Gordon for appellants. Robert H. Schaffer and Emory Gardiner for Joseph D. McGoldrick, as State Rent Administrator, respondent.

      Nathan B. Bernstein for Park Crescent Hotel, Inc., respondent.
   Order affirmed, with costs; no opinion.

Concur: Lewis, Conway, Desmond, Dye, Fuld and Fboessel, JJ. Loughban, Ch. J., deceased. [See 305 N. Y. 826.]


text:
    In the Matter of John S. Billingslea et al., Appellants, against Joseph D. McGoldrick, as State Rent Administrator, Respondent, and Hotel Wellington, Inc., Intervener, Respondent.
    Argued March 2, 1953;
    decided April 16, 1953.

      David P. Siegel for appellants.

      Robert H. Schaffer and Emory Gardiner for respondent. Charles W. Merritt for intervener-respondent.
   Order affirmed, with costs; no opinion.

Concur: Lewis, Conway, Desmond, Dye, Fuld and Fboessel, JJ. Loughban, Ch. J., deceased.


text:
    In the Matter of Sarah E. Robinson, Appellant, against Joseph D. McGoldrick, as State Rent Administrator, Respondent, and Alamac Estates, Inc., Intervener, Respondent.
    Argued March 2, 1953;
    decided April 16, 1953.

      Irving J. Both, Chester E. Frankel, Willard Schwarts and Frank Both for appellant.

      Bobert H. Schaffer and Emory Gardiner for respondent. Sidney Boffman for intervener-respondent.
   Order affirmed, with costs; no opinion.

Concur: Lewis, Conway, Desmond, Dye, Fuld and Fboessel, JJ. Loughban, Ch. J., deceased.


text:
    In the Matter of Philip L. Singer et al., Appellants, against Joseph D. McGoldrick, as State Rent Administrator, Defendant, and Nathan Udell, Intervener, Respondent.
    Argued March 4, 1953;
    decided April 16, 1953.

      Mordecai Bands for appellants.

      Daniel M. SMentag and Jerome Brazen for intervenerrespondent.
   Order affirmed, with costs; no opinion.

Concur: Lewis, Conway, Desmond, Dye, Fuld and Froessel, JJ. Loughran, Ch. J., deceased.


text:
    In the Matter of the Claim of Blanche M. Collins, Respondent, against Archer Motor Co., Inc., et al., Appellants. Workmen’s Compensation Board, Respondent.
    Argued March 5, 1953;
    decided April 16, 1953.

      Bernard Katzen, General Attorney (George J. Hayes and Victor Fiddler of counsel), for State Insurance Fund and another, appellants.

      Henry Redmond Butcher, Sr., for claimant-respondent.

      Nathaniel L. Goldstein, Attorney-General (Gilbert M. Bandy, Wendell P. Brown, Roy Wiedersum and Baniel Polanshy of counsel), for Workmen’s Compensation Board, respondent.
   Order affirmed, with costs; no opinion.

Concur: Lewis, Conway, Desmond, Dye, Fitld and Froessel, JJ. Loughran, Ch. J., deceased.


text:
    Jack Doca, Appellant and Respondent, v. Federal Stevedoring Co., Inc., Respondent and Appellant.
    Argued February 24, 1953;
    decided April 16, 1953.

      Abraham M. Fisch and Sidney Schiffman for appellant-respondent.

      John F. X. Finn and Alfred Giardino for respondent-appellant.
   On appeal by plaintiff: Judgment affirmed. On appeal by defendant: Appeal dismissed upon the ground that the order appealed from does not finally determine the action within the meaning of the Constitution. No opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Dye, Fuld and Froessel, JJ.


text:
    The People of the State of New York ex rel. Joseph D. McGoldrick, as State Rent Administrator, Appellant, against Regency Park, Inc., Respondent.
    Argued February 26, 1953;
    decided April 16, 1953.

      John V. Browne and Robert E. Schaffer for appellant.

      Sylvan D. Freeman for respondent.
   On appeal from judgment: Judgment affirmed, with costs. On appeal from order: Appeal dismissed. No opinion.

Concur: Loitghran, Ch. J., Lewis, Conway, Desmond, Dye, Fuld and Froessel, JJ.


text:
    Anna R. Carkner, Appellant, v. George H. Strokes et al, Respondents. Walter R. Carkner, Appellant, v. George H. Strokes et al., Respondents.
    Argued February 27, 1953;
    decided April 16, 1953.

      Jack Goodman and Nathan H. Medwin for appellants.

      James 8. Garter for George H. Strokes, respondent.

      William J. Murphy and Malcolm G. Bibby for J ames E. Smith, respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Loughban, Ch. J., Lewis, Conway, Desmond, Dye, Fuld and Fboessel, JJ.


text:
    In the Matter of the Claim of Hugh Harkins, Claimant, against New York Dock Company, Appellant, and Special Disability Fund, Respondent. Workmen’s Compensation Board Respondent.
    Argued March 5, 1953;
    decided April 16, 1953.

      Vine H. Smith for appellant.

      Nathaniel L. Goldstein, Attorney-General (Daniel Polanshy, Wendell P. Brown and Boy Wiedersum of counsel), for Workmen’s Compensation Board, respondent.
   Order affirmed, with costs; no opinion.

Concur: Lotjghban, Ch. J., Lewis, Conway, Desmond, Dye, Fuld and Feoessel, JJ.


text:
    In the Matter of John Blaschick et al., Appellants, against Joseph D. McGoldrick, as State Rent Administrator, Respondent.
    Submitted February 25, 1953;
    decided April 16, 1953.

      Albert Barnett Klepper and Andrew J. Dritsas for appellants.

      Harold Zucker and Robert H. Schaffer for respondent.
   Order affirmed, without costs; no opinion.

Concur: Lewis, Conway, Desmond, Dye, Ftjld and Froessel, JJ. Loughran, Oh. J., deceased.


text:
    William Wenger, Appellant, v. Harry Lefrak et al., Respondents.
    Argued February 26, 1953;
    decided April 16, 1953.

      Samuel M. Sprafkin for appellant.

      Sylvan D. Freeman for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Lewis, Coxway, Desmoxd, Dye, Fuld and Froessel, JJ. Lotjghrax, Ch. J., deceased.


text:
    Joseph Avery et al., Respondents, v. William O’Dwyer et al., Individually and on Behalf of the City of New York, Appellants.
    Argued March 3, 1953;
    decided April 16, 1953.

      Denis M. Hurley, Corporation Counsel (John F. Kelly, Seymour B. Quel, James J. Thornton and John L. Badlein of counsel), for appellants appearing specially.

      Alvin McKinley Sylvester and Herman E. Gottfried for respondents.
   Order affirmed, with costs. Question certified answered in the negative. No opinion.

Concur: Lewis, Coswat, Dbsmosd, Dte, Fuld and Froessel, JJ. Loughras, Ch. J., deceased.


text:
    Daniel J. Meaney, Appellant, v. Edward J. Keating, Doing Business under the Name of Keating Construction Company, Respondent, et al., Defendants.
    Argued January 21, 1953;
    decided April 16, 1953.

      Henry Epstein, Edward J. S. Farrell, George A. Grabow and Thomas R. Sternau for appellant.

      Archie B. Morrison, Daniel Miner, William S. O’Connor, T. Carlyle J ones and Robert A, Dwyer for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lewis, Conway, Desmond, Dye, Fuld and Fboessel, JJ. Loughran, Ch. J., deceased.


text:
    Esther Keyser, Appellant, v. State of New York, Respondent. Harry Keyser, Appellant, v. State of New York, Respondent.
    (Claim No. 29918.)
    (Claim No. 29919.)
    Argued February 25, 1953;
    decided April 16, 1953.

      Frank G. Pratt, Willard R. Pratt, W. Roger Pratt and Joseph A. Markason for appellants.

      Nathaniel L. Goldstein, Attorney-General {Ruth Kessler Toch and Wendell P. Brown of counsel), for respondent.
   Judgment affirmed, without costs; no opinion.

Concur: Lewis, Conway, Desmond, Dye, Fold and Froessel, JJ. Lotjghran, Ch. J., deceased.


text:
    Edward Birner et al., Respondents, et al., Plaintiffs, v. Bickford’s, Inc., Appellant.
    Argued February 26, 1953;
    decided April 16, 1953.

      Harry H. Brown and George L. Ryan for appellant.

      William Rosenthal and Oscar L. Meyerson for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Lewis, Conway, Desmond, Dye, Fuld and Fboessel, JJ. Loughran, Ch. J., deceased.


text:
    Dorville Corporation, Appellant, v. John E. Jackson, Respondent, et al., Defendants.
    Argued March 3, 1953;
    decided April 16, 1953.

      Edwin Longcope for appellant.

      Henry Cohen and Richard E. Colby for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lewis, Conway, Desmond, Dye, Fuld and Froessel, JJ. Loughran, Oh. J., deceased.


text:
    In the Matter of Ralph Miele, Respondent, against Lazarus Joseph, as Comptroller of the City of New York, Appellant. In the Matter of Julius Landy et al., Respondents, against Lazarus Joseph, as Comptroller of the City of New York, Appellant.
    Argued March 5, 1953;
    decided April 16, 1953.

      Denis M. Hurley, Corporation Counsel (Alfred Weinstein and Seymour B. Quel of counsel), for appellant.

      Leopold V. Rossi, Lester G. Knopping and John H. Scully for Ralph Miele, respondent.

      Seymour M. Waldman, Louis Waldman and Martin Markson for Julius Landy and others, respondents.
   Order affirmed, with costs; no opinion.

Concur: Lewis, Conway, Desmond, Dye, Fuld and Froessel, JJ. Loughran, Ch. J., deceased.


text:
    In the Matter of the Claim of Charles Coburn, Respondent, against Lenfin Realty Corp. et al., Appellants, and Local 32B Building Service Employees Union et al., Respondents. Workmen’s Compensation Board, Respondent.
    Argued March 6,1953;
    decided April 16, 1953.

      Alan W. Craig and Richards W. Hannah for appellants.

      Nathaniel L. Goldstein, Attorney-General (Roy Wiedersum, Wendell P. Brown and Harry Pastor of counsel), for Workmen’s Compensation Board, respondent.

      Bernard Katsen, General Attorney (George J. Hayes and Victor Fiddler of counsel), for State Insurance Fund and another, respondents.
   Order affirmed, with costs; no opinion.

Concur: Lewis, Conway, Desmond, Dye, Fuld and Froessel, JJ. Lotjghran, Ch. J., deceased.


text:
    Paul Van Dyke, Appellant, v. Mary Van Dyke, Respondent.
    Argued February 27, 1953;
    decided April 16, 1953.

      David B. Alford for appellant.

      Sharon J. Mauhs for respondent.
   Orders of the Appellate Division affirmed, without costs; no opinion.

Concur: Lewis, Conway, Desmond, Dye, Fuld and Froessel, JJ. Loughran, Ch. J., deceased.


text:
    Tower Leasing Co., Inc., Appellant, v. 11 West 42nd Street, Inc., Respondent.
    Argued March 4, 1953;
    decided April 16, 1953.

      Ralph Stout and Benjamin Jaffe for appellant.

      Louis Okin and Sidney B. Moskovitz for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lewis, Conway, Desmond, Dye, Fuld and Froessel, JJ. Loughban, Ch. J., deceased.


text:
    In the Matter of Maria Belotti, Appellant, against Joseph D. McGoldrick, as State Rent Administrator, Respondent, and Jose M. Vazquez et al., Interveners, Respondents.
    Argued March 5, 1953;
    decided April 16, 1953.

      Harry M. Krohow for appellant.

      Harold Zucker and Robert H. Schaffer for respondent. Abraham J. Gellinoff for interveners-respondents.
   Order affirmed, with one bill of costs and disbursements; no opinion.

Concur: Lewis, Conway, Desmond, Dye, Fuld and Fboessel, JJ. Loughban, Ch. J., deceased.


text:
    The People of the State of New York, Respondent, v. Herman Levine, Appellant.
    Argued March 6, 1953;
    decided April 16, 1953.

      Arthur Cooperman for appellant.

      Frank S. Hogan, District Attorney (Harold Boland Shapiro and Charles W. Manning of counsel), for respondent.
   Judgment affirmed; no opinion.

Concur: Lewis, Conway, Desmond, Dye, Fuld and Fbobssel, JJ. Loughran, Ch. J., deceased.


text:
    In the Matter of the Accounting of David Radom, as Administrator of the Estate of Sarah Radom, Deceased, Respondent. Lillian Bruder et al., Appellants.
    Argued February 26, 1953;
    decided April 16, 1953.

      Charles H. Tuttle and Milton M. Eisenberg for appellants. James N. Vaughan and James A. Delehanty for respondent.
   Order affirmed, with costs; no opinion.

Concur: Lewis, Conway, Desmond, Dye, Fuld and Froessel, JJ. Loughran, Ch. J., deceased.


text:
    Edith B. Gallagher, Individually and as Guardian ad Litem of Frank Pagliaro, Jr., and Another, Infants, Appellant, v. Frank J. Pagliaro, Respondent.
    Argued March 3,1953;
    decided April 16, 1953.

      Abraham N. Davis and Benjamin Heffner for appellant.

      Henry Uselaner and Arthur N. Field for respondent.
   Judgment affirmed, with costs. With respect to the disposition of the fifth cause of action, upon which the Appellate Division were divided, its dismissal is affirmed on the ground that the Supreme Court lacked jurisdiction to order an increase of support and maintenance for the children of a dissolved marriage ” except as an incident to a marital action.” (Langerman v. Langerman, 303 N. Y. 465, 471.) No opinion.

Concur: Lewis, Conway, Desmond, Dye, Fttld and Froessel, JJ. Loughran, Ch. J., deceased.


text:
    207-17 West 25th Street Co., Inc., Appellant, v. Blu-Strike Safety Razor Blade Co., Inc., Respondent.
    Submitted March 6,1953;
    decided April 16, 1953.

      Morton G. Rosenberg and Frank E. Karelsen, III, for appellant.

      Manuel T oncer and J esse R. Barkin for respondent.
   Judgment affirmed, with costs; no opinion.

• Concur: Lewis, Conway, Desmond, Dye, Fuld and Froessel, JJ. Loughran, Ch. J., deceased.


text:
    In the Matter of the Estate of Arlington C. Hall, Deceased. Laura E. Hall et al., Appellants; Harvey M. Hall, et al., Respondents.
    Argued March 2, 1953;
    decided April 16, 1953.

      James N. Vaughan and Joseph W. Brake for Laura E. Hall, appellant.

      Alfred W. Bergren and John F. Lydon, Jr., for New York Institute for the Education of the Blind, appellant.

      Martin Lippman, Leo V. McLaughlin and Sidney Kant for respondents.
   On appeal from original order of May 20, 1952: Appeal dismissed. On appeal from resettled order of June 24,1952: Order affirmed, with one bill of costs to respondents and printing disbursements to each of the parties appearing and filing separate briefs herein, payable out of the estate. No opinion.

Concur: Lewis, Cokway, Desmokd, Dye, Fuld and Froessel, JJ. Loughrak, Ch. J., deceased.


text:
    In the Matter of Morris Berman, Appellant, against Bernard J. Gillroy, as Commissioner of Housing and Buildings of the City of New York, et al., Respondents.
    Argued March 4, 1953;
    decided April 16, 1953.

      William M. Kunstler for appellant.

      A. E. Garey for American Federation of State, County and Municipal Employees, amicus curios, in support of appellant’s position.

      Murray Silverman for Community Councils of the City of New York, Inc., amicus curies, in support of appellant’s position.

      Denis M. Hurley, Corporation Counsel (Henry J. Shields and Seymour B. Quel of counsel), for respondents.
   Order affirmed, with costs; no opinion.

Concur: Lewis, Conway, Desmond, Dye, Fuld and Froessel, JJ. Loughran, Ch. J., deceased. [See 305 N. Y. 797.]


text:
    Macedo Soares, Inc., Respondent, v. Jose Guertzenstein, Appellant.
    Submitted April 6, 1953;
    decided April 16, 1953.

      Nathan H. Herman for motion.

      Louis Ohin opposed.
   Motion dismissed upon the ground that the order does not finally determine the action within the meaning of the Constitution.


text:
    In the Matter of Edward K. Barsky, Appellant, against Board of Regents of the University of the State of New York, Respondent. In the Matter of Jacob Auslander, Appellant, against Board of Regents of the University of the State of New York, Respondent. In the Matter of Louis Miller, Appellant, against Board of Regents of the University of the State of New York, Respondent.
    Submitted April 6, 1953;
    decided April 16, 1953.
   Motion for reargument denied. Motion for a stay pending a direct appeal, or a petition to the Supreme Court of the United States for certiorari, granted. Motion to amend the remittiturs granted by adding thereto the following: Upon the appeals herein there were presented and necessarily passed upon questions under the Federal Constitution, viz., whether sections 6514 and 6515 of the Education Law, as construed and applied here, are violative of the due process clause of the Fourteenth Amendment. The Court of Appeals held that the rights of the petitioners under the Fourteenth Amendment of the Constitution of the United States had not been violated or denied. [See 305 N. Y. 89.]


text:
    In the Matter of the Accounting of L. Lawrence Green, as Executor of Julia Braier, Deceased, Respondent. Millie K. Kalmane, as Legatee, Appellant.
    Submitted April 7, 1953;
    decided April 16, 1953.
   Motion to amend remittitur granted. Return of remittitur requested and, when returned, it will be amended by the addition of the following: Questions under the Federal Constitution were presented and necessarily passed upon by the Court of Appeals, viz., whether section 269 of the Surrogate’s Court Act as here applied violated (1) article VI, clause 2, (2) article I, section 8, clause 3, (3) article II, section 2, clause 2, of the Federal Constitution, or (4) deprived appellant of property without due process in derogation of the Fourteenth Amendment of the Constitution. The Court of Appeals decided that that statute, as here invoked, did not violate any of the above provisions of the Constitution. [See 305 N. Y. 148.]


text:
    In the Matter of Joseph M. Carroll, Appellant, against Jacob Grumet et al., Constituting the Board of Trustees of the New York City Fire Department Pension Fund, Article I, Respondents.
    Submitted April 6, 1953;
    decided April 16, 1953.

      Denis M. Hurley, Corporation Counsel (Pauline K. Berger, Seymour B. Quel and W. Bernard Richland of counsel), for motion to dismiss appeal and in opposition to motion for leave to appeal.

      Paxton Blair and Edward M. Edenbaum for motion for leave to appeal and in opposition to motion to dismiss appeal.
   Motion to dismiss appeal granted upon the ground, among others, that no constitutional question was properly raised in the Appellate Division. (See, e.g., Matter of O’Neill v. Board of Regents, 298 N. Y. 777; see, also, Cohen and Karger, Powers of the New York Court of Appeals, pp. 251-252.) Motion for leave to appeal denied.


text:
    In the Matter of Simone N. Gazan, Appellant, against Joseph S. Corbett et al., Constituting the Zoning Board of Appeals of the Town of Brookhaven, Suffolk County, Respondents, and Ocean Shore Realty Co., Inc., Respondent.
    Submitted April 6, 1953;
    decided April 16, 1953.
   Motion for reargument denied. Motion to amend remittitur granted. Return of remittitur requested and, when returned, it will be amended by adding thereto the following: Upon the appeal herein there was presented and necessarily passed upon a question under the Constitution of the United States: Whether the failure of the zoning board of appeals of the town of Brook-haven, Suffolk County, New York, to give petitioner notice by mail, as distinguished from notice by publication, of the hearing on the application by Ocean Shore Realty Company for a special exception to the zoning ordinance of the town of Brookhaven, deprived petitioner of his rights under the Fourteenth Amendment of the Constitution of the United States. The Court of Appeals held that the rights of the petitioner under the Fourteenth Amendment of the Constitution of the United States had not been violated or denied. [See 304 N. Y. 920.]


text:
    In the Matter of the Estate of Arlington C. Hall, Deceased. Laura E. Hall et al., Appellants; Harvey M. Hall et al.. Respondents.
    Submitted February 24, 1953;
    decided April 16, 1953.

      Alfred W. Bergren and Martin Lippman for motions.

      James N. Vaughan and Joseph W. Drake opposed.
   Motions granted and appeal dismissed, each with costs and $10 costs of motion. [See 305 N. Y. 685.]


text:
    In the Matter of the Claim of Benjamin W. Parker, Respondent, against United States Rubber Reclaiming Co., Appellant. Workmen’s Compensation Board, Respondent.
    Submitted April 6, 1953;
    decided April 16, 1953.
   Motion for reargument of motion for leave to appeal denied, with $10 costs. [See 305 N. Y. 563.]


text:
    In the Matter of Gerard Wuttke, Respondent, against Cornelius O’Connor, as Manager of the Building Department of the Town of North Hempstead, Nassau County, Appellant.
    Submitted April 6, 1953;
    decided April 16, 1953.

      James L. Dowsey, Jr., Deputy Town Attorney (Bertram B. Daiker of counsel), for motion.

      Louis G. Hart, Jr., opposed.
   Motion denied upon the ground that an appeal lies as of right.


text:
    The People of the State of New York, Respondent, v. Jack P. Koshak, Appellant.
    Submitted April 6, 1953;
    decided April 16, 1953.

      George B. De Luca, District Attorney (John B. Lee of counsel), for motion.
    No one opposed.
   Motion granted.


text:
    The People of the State of New York, Respondent, v. Raymond W. Longernecker, Appellant.
    Submitted April 6, 1953;
    decided April 16, 1953.

      George B. De Luca, District Attorney (John B. Lee of counsel), for motion.
    No one opposed.
   Motion granted upon the ground that an appeal from the judgment of conviction is still pending in the Appellate Division.


text:
    The People of the State of New York, Respondent, v. Alphonse J. Oskroba, Appellant.
    Submitted April 7, 1953;
    decided April 16, 1953.
   Motion for reargument denied. [See 305 N. Y. 113.]


text:
    The People of the State of New York, Respondent, v. William Wade, Appellant.
    Submitted April 6, 1953;
    decided April 16, 1953.
   Motion for reargument denied. [See 291 N. Y. 574.]


text:
    Jessie C. Sanford, Individually and as Executrix of Howard R. Sanford, Deceased, Appellant, v. State Tax Commission et al., Respondents.
    Submitted April 6, 1953;
    decided April 16, 1953.

      Nathaniel L. Goldstein, Attorney-General (John G. Crary, Jr., of counsel), for motion.

      William D. Krebs opposed.
   Motion granted and appeal dismissed, with costs and $10 costs of motion, unless, within ten days from the date of this order, a judgment is entered upon the order of the Appellate Division appealed from and appellant thereafter duly files a notice of appeal to the Court of Appeals from said judgment and pays $10 costs, in which events motion denied.


text:
    Anna L. Schoenfeld et al., Appellants, v. Eva Chapman et al., Respondents, et al., Defendants.
    Submitted April 13, 1953;
    decided April 16, 1953.

      Charles T. Koop for motion to dismiss and in opposition to motion to amend notice of appeal.

      Lincoln G. Schmidt for motion to amend notice of appeal and in opposition to motion to dismiss.
   Motion to dismiss appeal granted. Motion to amend notice of appeal denied upon the ground that plaintiffs failed to take their appeal within the time limited by section 592 of the Civil Practice Act.


text:
    In the Matter of the Claim of Norma Crowe, Appellant. Dates Laundry Service, Inc., Respondent; Edward Corsi, as Industrial Commissioner, Appellant.
    Argued March 5, 1953;
    decided April 23, 1953.

      Wilbur Daniels and Morris P. Glushien for claimant-appellant.

      Nathaniel L. Goldstein, Attorney-General (Francis B. Curran and Wendell P. Brown of counsel), for Edward Corsi, as Industrial Commissioner, appellant.

      George B. Fearon and Charles F. Cooney, Jr., for respondent.
   Order affirmed, without costs; no opinion.

Concur: Lewis, Ch. J., Coeway, Desmoed, Dye, Fuld and Froessel, JJ. Loughrae, Ch. J., deceased.


text:
    Bernard R. Lieberman, Appellant, v. Lucille E. Chance, Respondent, et al., Defendants.
    Argued April 8, 1953;
    decided April 23, 1953.

      Samuel Weisman and Nathan L. Lieberman for appellant. Lucille E. Chance, respondent in person.
   Judgment aErmed, with costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld and Fboessel, JJ.


text:
    William L. Watson, Appellant, v. Albert Pearlman, Defendant, and 342 East 72nd Street Corporation, Respondent.
    Argued April 7, 1953;
    decided April 23, 1953.

      Edward K. Kennedy and Joseph F. Murray for appellant.

      Harold L. Herrick for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lewis, Ch. J., Desmond, Dye and Fuld, JJ. Conway and Froessel, JJ., dissent for the reasons stated by Callahan, J., in the Appellate Division.


text:
    Charles H. Stoll, Respondent, v. Joseph H. Bergold et al., Appellants.
    Argued April 8, 1953;
    decided April 23, 1953.

      Howard A. Rockford for appellants.

      Irwin R. Rrowner, Morris Rockman and Aaron L. Rockman for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld and Froessel, JJ.


text:
    Bertha Scully, Appellant, v. State of New York, Respondent.
    (Claim No. 29777.)
    Argued April 10, 1953;
    decided April 23, 1953.

      John W. Tabner and Nathan M. Medwin for appellant. Nathaniel L. Goldstein, Attorney-General (John R. Davison, Wendell P, Brown and Robert W. Bush of counsel), for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld and Froessel, JJ'.


text:
    Arthur L. Bruning, Respondent, v. Olive R. Bruning, Appellant, et al., Defendants.
    Argued April 7, 1953;
    decided April 23, 1953.

      Benjamin Shedler, Philip Gelfand and Jacob Babinowits for appellant.

      Thomas A. McDonald for respondent.
   Order affirmed, with costs. Question certified answered in the affirmative. No opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld and Fboessel, JJ.


text:
    The People of the State of New York ex rel. Scott E. North, Appellant, against Albert W. Skinner et al., Respondents.
    Argued April 8, 1953;
    decided April 23, 1953.

      Glenn L. Buck for appellant.

      Clarence J. Henry, District Attorney (John C. Little, Jr., of counsel), for respondents.
   Order affirmed, without costs; no opinion.

Concur: Lewis, Oh. J., Conway, Desmond, Dye, Fuld and Froessel, JJ.


text:
    Ella Scantlebury, as Administratrix of the Estate of John W. Scantlebury, Deceased, Respondent, v. I. Howard Lehman et al., as Trustees in Reorganization of Surface Transportation Corporation of New York, Appellant.
    Argued April 10, 1953;
    decided April 23, 1953.

      Edward D. Burns, William, J. O’Shea and Addison Scoville for appellants.

      Arthur N. Seiff and Benjamin II. Siff for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld and Feoessel, JJ.


text:
    In the Matter of the Arbitration between A. M. Perlman, Inc., Appellant, and Raycrest Mills, Inc., Respondent. In the Matter of the Arbitration between Raycrest Mills, Inc., Respondent, and A. M. Perlman, Inc., Appellant.
    Submitted April 13, 1953;
    decided April 23, 1953.

      MaxM. Hirson, in person, and Stanley N. Ohlbaum for motion.

      Menahem Stim and Joseph D. Slim opposed.
   Motion, insofar as it seeks leave to appeal, denied upon the ground that an appeal has been properly taken as of right. In all other respects motion denied.


text:
    The People of the State of New York, Respondent, v. Joseph Mayer, Appellant.
    Submitted April 13, 1953;
    decided April 23, 1953.

      Timothy F. O’Brien, District Attorney, for motion.
    No one opposed.
   Motion granted. (See Code Grim. Pro., § 536.)


text:
    The People of the State of New York ex rel. Feed Carchietta et al., Appellants, against Warden of Raymond Street Jail, Borough of Brooklyn, et al., Respondents.
    Submitted April 13, 1953;
    decided April 23, 1953.

      Francis P. Heffernan for motion.

      Nathaniel L. Goldstein, Attorney-General (William B. Her-lands and Abraham M. Portes), opposed.
   Motion denied. Appeal taken as of right dismissed upon the ground that no substantial constitutional question is presented.


text:
    Edward R. Carman et al., Appellants, v. Walter C. Hewitt et al., Respondents.
    Argued April 9, 1953;
    decided April 24, 1953.

      Arthur O. Silverman and Milton Pinkus for appellants.

      John J. Boyle, Joseph V. McKee and Percy Ingenian for respondents. , Y
   Judgment affirmed, with costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye and Fuld, JJ. Taking no part: Fboessel, J. [See 305 N. Y. 796.]


text:
    Eva M. Sureau, Appellant, v. John D. Sureau, Respondent.
    Argued April 13, 1953;
    decided April 24, 1953.

      Arthur P. McNulty for appellant.

      Goodwyn Kuyk for respondent.
   Order affirmed, without costs. First and third questions certified answered in the affirmative. Second and fourth questions certified answered in the negative. No opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld and Froessel, JJ.


text:
    The People of the State of New York, Appellant, v. Edward Love, Respondent.
    Argued January 14, 1953;
    decided April 24, 1953.

      Miles F. McDonald, District Attorney (Aaron Nussbaum and Henry J. F. Davey of counsel), for appellant.

      Paul F. Donohue and Charles A. Bohl for respondent.
   Per Curiam.

This is not a situation encompassed by our decision in People v. Olah (300 N. Y. 96). In our view— and it is based on the record of what occurred when defendant pleaded guilty in 1935 in Alabama to the crime of grand larceny — he admitted and acknowledged that he feloniously took ” certain property from [the] person ” of its owner — an act which, if committed within this state, would have been felonious (Penal Law, §§ 1941j 1942), namely, grand larceny in the second degree (Penal Law, §§ 1290, 1296, subd. 2). Consequently, the trial court had no alternative but to adjudge and sentence defendant as a fourth felony offender.

The order adjudging defendant a third felony offender, and the judgment sentencing him as a third felony offender, should be reversed and defendant returned to the County Court of Kings County for adjudication and resentence as a fourth felony offender under section 1942 of the Penal Law.

Lewis, Ch. J., Conway, Desmond, Dye, Ftjld and Fboessel, JJ., concur.

Judgment reversed, etc.


text:
    Harold Black, Appellant, v. Vincent R. Impellitteri et al., Respondents.
    Argued April 9, 1953;
    decided April 24, 1953.

      Emanuel Bedfield for appellant.

      Denis M. Hurley, Corporation Counsel (Anthony Curreri and Seymour B. Quel of counsel), for respondents.
   Motion to dismiss appeal granted and appeal dismissed, with costs, upon the ground that no substantial constitutional question is presented (see Civ. Prac. Act, § 588, subd. 1, par. [a]; Dorsey v. Stuyvesant Town Corp299 N. Y. 512, 521). No opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld and Fboessel, JJ. [See 305 N. Y. 796.]


text:
    Albert Fiebelkorn et al., Appellants, v. Jacob Rogacki et al., Respondents, et al., Defendants.
    Argued April 7, 1953;
    decided April 24, 1953.

      Maurice J. Bumizen for appellants.

      William B. Brennan for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld and Froessel, JJ.


text:
    The People of the State of New York, Respondent, v. Vito Romano, Appellant.
    Argued April 7, 1953;
    decided April 24, 1953.

      David F. Price for appellant.

      Miles F. McDonald, District Attorney (Aaron E. Koota and Julius H elf and of counsel), for respondent.
   Judgment affirmed; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld and Fboessel, JJ.


text:
    The People of the State of New York, Respondent, v. Leroy Hill, Appellant.
    Argued April 7, 1953;
    decided April 24, 1953.

      Francis T. White for appellant.

      Franh S. Hogan, District Attorney (Stuart G. Schwarts and Richard G. Denser of counsel), for respondent.
   Judgment affirmed; no opinion.

Concur: Lewis, Ch. J., Coxway, Desmond, Dye, Fuld and Froessel, JJ.


text:
    Visek Brothers, Appellant, v. Safeway Trails, Inc., Respondent.
    Submitted April 9, 1953;
    decided April 24, 1953.

      David Simon and Abraham Dorf for appellant.

      Robert E. Goldstein and Henry P. Goldstein for respondent.
   Order affirmed, with costs. Question certified answered in the affirmative. No opinion.

Concur: Lewis, Ch. J.; Conway, Desmond, Dye, Fuld and Froessel, JJ.


text:
    In the Matter of the Claim of Helen Krupinski, Respondent, against U. S. Radiator Corporation et al., Appellants. Workmen’s Compensation Board, Respondent.
    Argued March 5, 1953;
    decided April 24, 1953.

      Clyde M. Williams for appellants.

      Nathaniel L. Goldstein, Attorney-General (Gilbert M. Landy, Wendell P. Brown and Boy Wiedersum of counsel), for Workmen’s Compensation Board, respondent.
   Order affirmed, with costs; no opinion.

Concur: Lewis, Ch. J., Conway, Dye and Fuld, JJ. Desmond and Fboessel, JJ., dissent upon the following ground: There is no medical proof relating the employee’s death to any undue strain or exertion encountered in the course of his employment. On the contrary, the only competent medical evidence in the record establishes that the death was the result of the gradual onset of coronary sclerosis; such an event is not an accident in the parlance of the average man. Loughran, Ch. J., deceased.


text:
    Aaron Gray et al., Appellants, v. Milton Kaufman et al., Respondents.
    Argued April 8, 1953;
    decided April 24, 1953.

      J. Norman Lewis, Benjamin Bartel and Richard Wincor for appellants.

      Leo Ficoler and Reuben Feinberg for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld and Fboessel, JJ.


text:
    In the Matter of the Probate of the Will of Irwin M. Herzig, Deceased. Gertrude C. H. Notes, Appellant; Benjamin H. Herzig, Respondent.
    Submitted April 6, 1953;
    decided April 24, 1953.

      Gertrude C. H. Notes, in person, for motion.

      Benjamin H. Herzig, in person, opposed.
   Motion dismissed, with $10 costs, upon the ground that the order does not finally determine the proceeding within the meaning of the Constitution.


text:
    In the Matter of the Claim of Michael Tedesco, Appellant, against General Electric Company, Respondent. Workmen’s Compensation Board, Respondent.
    Submitted April 20, 1953;
    decided April 24, 1953.

      J. Vincent Smith for motion.

      Michael Tedesco, in person, and Arthur J. Harvey for cross motion and in opposition to motion.
   Motion granted unless, within twenty days, appellant files seven typewritten copies of his points upon appeal with the Court of Appeals and serves one copy thereof upon respondent, in which events motion denied and case set down for argument during the May, 1953, session of the Court of Appeals. Cross motion granted and Arthur J. Harvey assigned as counsel to prosecute the appeal.


text:
    In the Matter of the Accounting of Ramon Mosteiro, as Sole Surviving Executor of Juan A. Lopez, Deceased. Antonio R. Freire, as Ancillary Executor of Casimiro Calza, Deceased, Respondent; Carmen L. Garcia, Individually and as Administratrix of the Estate of Juan A. Lopez, Deceased, Appellant.
    Submitted March 2, 1953;
    decided April 24, 1953.

      Jesse L. Rosenberg and Wesley 8. Sawyer for motion.

      Henry W. Fried opposed.
   Motion granted and appeal dismissed. [See 305 N. Y. 922.]


text:
    In the Matter of Long Island Lighting Company, Appellant, against Incorporated Village of East Rockaway et al., Respondents.
    Submitted April 6, 1951;
    decided May 28, 1953.
   Motion for reargument denied, with $10 costs and necessary printing disbursements. A variance was properly refused {Matter of Otto v. Steinhilber, 282 N. Y. 71). The ordinance could not be declared invalid by the Court of Appeals since, on this record, it could not be said as matter of law that location of a substation at the proposed site rather than in the nearby industrial district was necessary for the rendition of safe, adequate and reasonable service. [See 304 N. Y. 932.]


text:
    Leona T. Seward, Respondent, v. Frederick W. Seward et al., Appellants.
    Argued April 8, 1953;
    decided May 21, 1953.

      Henry Hirschberg and Ernest M. Levinson for appellants.

      John D. Bright for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld and Fkoessel, JJ.


text:
    The People of the State of New York, Appellant and Respondent, v. Arthur Repola, Respondent and Appellant.
    Argued April 9, 1953;
    decided May 21, 1953.

      Frank 8. Hogan, District Attorney (Jack M. Cotton and Richard G. Denser of counsel), for appellant-respondent.

      J oseph Lonardo for respondent-appellant.
   Order and judgment affirmed; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld and Fboessel. JJ.


text:
    Francis J. Mulligan, Public Administrator of the County of New York, as Administrator of the Estate of Leonicio Perez, Deceased, Respondent, v. Airborne Transport, Inc., Appellant.
    Argued April 9, 1953;
    decided May 21, 1953.

      George W. Clark and Kenneth R. Thompson for appellant.

      Jerome Golenbock, Harvey Nachman and Harry C. Hurwits for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lewis, Ch, J., Conway, Desmond, Dye, Fuld and Fboessel, JJ.


text:
    Aden Bushey, Respondent, v. State of New York, Appellant.
    (Claim No. 30583.)
    Argued April 10, 1953;
    decided May 21, 1953.

      Nathaniel L. Goldstein, Attorney-General (Henry 8. Manley and Wendell P. Brown of counsel), for appellant.

      George E. Reed for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld and Froessel, JJ.


text:
    Valerie Rubinstein, as Executrix of Andre Rubinstein, Deceased, Appellant, v. Serge Rubinstein et al., Respondents, et al., Defendants.
    Argued January 19, 1953;
    decided May 21, 1953.

      John F. X. Finn and David Brady for appellant.

      George P. Halperin and Leon Dicker for Serge Rubinstein, respondent.

      Leslie Kirsch for Konrad Sztykgold and others, respondents.

      Edwin B. Wolchok for British American Equities, Inc., and others, respondents.
   Judgment affirmed, with costs. The trial court, as it had a right to do, took and passed on the account between the parties, and its rulings on the matters involved in that accounting are sustained by the record. No opinion.

Concur: Lewis, Conway, Desmond, Dye, Feted and Froerree, JJ, Lottghran, Oh. J., deceased. [See 305 N. Y. 925.]


text:
    The People of the State of New York, Respondent, v. Barry Jacobs and John Dale Green, Appellants.
    Submitted May 18, 1953;
    decided May 21, 1953.

      Myron L. Shapiro and Matthew H. Brandenburg for motions.

      George B. De Luca, District Attorney (John B. Lee of counsel), opposed.
   Motions denied. (People v. Priori, 163 N. Y. 99; People v. Williams, 291 N. Y. 650.) Defendants’ counsel are entitled to a copy of the stenographic minutes of said examination. If they .become material on the appeal, they may then be submitted to the Court of Appeals at the time of the argument of the appeal.


text:
    The People of the State of New York, Respondent, v. Paul B. Jones, Appellant.
    Argued April 14, 1953;
    decided May 22, 1953.

      Julius A. Itslcowits for appellant.

      Miles F. McDonald, District Attorney (William 1. Siegel of counsel), for respondent.
   Judgment affirmed; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld and Fboessel, JJ.


text:
    The People of the State of New York, Respondent, v. Gladys Nazar, Appellant.
    Argued April 15, 1953;
    decided May 22, 1953.

      Milton H. Spiero for appellant.

      Frank 8. Hogan, District Attorney (Jack M. Cotton and Charles W. Manning of counsel), for respondent.
   Judgment affirmed; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld and Froessbl, JJ.


text:
    In the Matter of the Claim of Mary Spack, Respondent. Edward Corsi, as Industrial Commissioner, Appellant.
    Submitted April 16, 1953;
    decided May 22, 1953.

      Nathaniel L. Goldstein, Attorney-General (Francis B. Curran and Wendell P. Brown of counsel), for appellant.

      Maxwell M. Seiden for respondent.
   Per Curiam.

The finding that claimant refused employment without good cause was essentially one of fact, and, since there was substantial evidence to sustain it, and no error of law committed, the determination of the Unemployment Insurance Appeal Board should have been confirmed. (See, e.g., Matter of Humphrey v. State Ins. Fund, 298 N. Y. 327; see, also, Matter of Miller v. Kling, 291 N. Y. 65.)

The order of the Appellate Division should be reversed and the determination of the Appeal Board reinstated, without costs.

Lewis, Ch. J., Conway, Desmond, Dye, Fuld and Feoessel, JJ., concur.

Order reversed, etc.


text:
    Lilah B. Brown, as Administratrix of the Estate of Eugene W. Bradley, Deceased, Plaintiff, v. Hersch Chemists, Inc., Respondent; Progressive Drug Co., Inc., Appellant, et al., Defendants.
    Argued April 15, 1953;
    decided May 22, 1953.

      Walter L. Glenney for appellant.

      B. Leo Schwarz, Matthew E. Lawless and Jonas J. Shapiro for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld and Froessel, JJ.


text:
    The People of the State of New York, Respondent, v. Morris S. Kitzen, Appellant.
    Argued April 16, 1953;
    decided May 22, 1953.

      Morris S. Kitsen, appellant in person.

      Frank 8. Hogan, District Attorney (Stuart G. Schwarts and Bichard G. Denser of counsel), for respondent.
   Order affirmed; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld and Feoessel, JJ. [See 305 N. Y. 924.]


text:
    Western New York Water Company, Appellant, v. Erie County Water Authority et al., Respondents.
    Argued April 14, 1953;
    decided May 22, 1953.

      Franh G. Baichle, Reid 8. Moule, Julius L. Saclman and Arnold Weiss for appellant.

      Laurence J. Olmsted and Melvin L. Long for Erie County Water Authority and others, respondents.

      Wortley B. Paul and Elmer B. Weil for County of Erie and others, respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld and Froessbl, JJ.


text:
    In the Matter of John Romanello, Appellant, against Walter Willig et al., Constituting the Board of Education, Union Free School District No. 4, Town of Rye, Westchester County, et al., Respondents.
    Argued April 9, 1953;
    decided May 22, 1953.

      Thomas F. J. Connolly for appellant.

      George 0. Becker, respondent in person and for Walter Willig and others, respondents.

      Charles A. Brind', Jr., for Commissioner of Education of the State of New York, amicus curiae, in support of respondents’ position.
   Orders reversed, and determination of the board of education annulled, with costs in all courts, and matter remitted to the board of education for action not inconsistent with the views expressed in the dissenting opinion at the Appellate Division.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld and Fboessel, JJ.


text:
    The People of the State of New York, Respondent, v. George Lupo, Appellant. The People of the State of New York, Respondent, v. Salvatore Caccamise, Appellant. The People of the State of New York, Respondent, v. Angelo Papa, Appellant.
    Argued April 14, 1953;
    decided May 22, 1953.

      Maurice Edelbaum for appellants.

      Frank A. Gulotta, District Attorney (Henry P. De Vine of counsel), for respondent.
   Judgments affirmed under the provisions of section 542 of the Code of Criminal Procedure. No opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld and Froessel, JJ.


text:
    In the Matter of the Accounting of Bank of New York and Fifth Avenue Bank, as Sole Surviving Successor Trustee, and Harold F. Le Baron et al., as Executors of Maude Le Baron, Deceased Trustee under the Will of Alfred H. Smith, Deceased. Anne C. E. S. Waterous, Appellant; Leonard P. Levy et al., Respondents.
    Argued April 15, 1953;
    decided May 22, 1953.

      Aaron Simmons, Sperry Butter and Robert G. Fanelli for appellant.

      Leo Praeger and Edmund W. Bohat for Leonard P. Levy and others, respondents.

      Jonas J. Shapiro and Janet Perlman for Louis Silverstein, respondent.
   Order affirmed, with costs to respondents appearing separately and filing separate briefs payable out of the estate. No opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Ftjld and Fboessel, JJ.


text:
    The People of the State of New York, Respondent, v. Jacob Klein, Appellant.
    Argued April 17, 1953;
    decided May 22, 1953.

      Philip R. Murray for appellant.

      Samuel Paile, District Attorney (Douglas L. McGuire of counsel), for respondent.
   Order affirmed; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Ftjld and Fboessel, JJ.


text:
    Edward P. Hurley, Appellant, v. Alfred R. Hurley et al., Respondents, et al., Defendants.
    Submitted May 18, 1953;
    decided May 27, 1953.

      John L. Seymour for motion.

      Sidney S. Levine and Constantine G. Comninel opposed.
   Motion denied.


text:
    In the Matter of the Claim of Steve Lukianchuk, Respondent, against M. Garz Restaurant et al., Appellants. Workmen’s Compensation Board, Respondent.
    Argued April 20, 1953;
    decided May 28, 1953.

      Bernard Katsen, General Attorney (George J. Hayes and Victor Fiddler of counsel), for State Insurance Fund and another, appellants.

      Nathaniel L. Goldstein, Attorney-General (Gilbert M. Landy, Wendell P. Brown and Boy Wiedersum of counsel), for Workmen’s Compensation Board, respondent.
   Order affirmed, with costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Ftjld and Froessel, JJ.


text:
    The People of the State of New York, Respondent, v. Jack James, Appellant.
    Argued April 24, 1953;
    decided May 28, 1953.

      Julian G. Tepper and James L. Walter for appellant.

      T. Vincent Quinn, District Attorney (Benjamin J. Jacobson of counsel), for respondent.
   Judgment affirmed; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld and Fboessel, JJ.


text:
    Irma Jackson, Individually and as Administratrix of the Estate of Ross Jackson, Deceased, et al., Respondents, v. Lillie M. Hardy, Appellant.
    Argued April 16, 1953;
    decided May 28, 1953.

      Samuel Lerner for appellant.

      Myron Sulzberger, Jr., and Seymour S. Epstein for respondents.
   Judgment of the Appellate Division modified by reversing so much thereof as sets aside the conveyances of parcels “A ”, “ C ” and “ D ”, and judgment of Special Term affirmed upon the ground that the weight of the evidence sustains the findings of the Special Term as to said parcels. Otherwise, judgment affirmed, without costs. ' No opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld and Froessel, JJ.


text:
    Samuel Cohen et al., Appellants, v. Alfred L. Kaskel et al., Respondents.
    Argued April 20, 1953;
    decided May 28, 1953.

      Norman Amenlo erg and Milton Gar row for appellants.

      Sylvan D. Freeman for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fcjld and Fboessel, JJ. [See 305 N. Y. 919.]


text:
    In the Matter of Dominick Berlingieri, Appellant, against John F. O’Connell et al., Constituting the Members of the New York State Liquor Authority, Respondents.
    Argued April 20, 1953;
    decided May 28, 1953.

      Julian Jawitz, Daniel J. Riesner and Richard I. Donner for appellant.

      Alvm McKinley Sylvester, Robert W. Corcoran and Emanuel D. Blach for respondents.
   Order affirmed, with costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld and Froessel, JJ.


text:
    In the Matter of Murray Zarnes, on Behalf of Himself and Others Similarly Situated, Respondent, against Maurice Finkelstein et al., Constituting the Temporary City Housing Rent Commission of the City of New York, Respondents, and Greystone Hotel Corporation, Appellant.
    Argued April 20, 1953;
    decided May 28, 1953.

      Jerome E. Malino, Peter P. Smith, Godfrey Cohen and Robert L. Callahan for appellant.

      Bernhardt M. Meisels for petitioner-respondent.

      Frederick Katg, in person, and William Levin for Frederick Katz, amicus curice, in support of petitioner-respondent’s position.
   Order affirmed and order absolute ordered against appellant on the stipulation, with costs in all courts. No opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, • Fuld and Froessel, JJ.


text:
    Vocational Guidance Manuals, Inc., Respondent, v. United Newspaper Magazine Corporation et al., Appellants, et al., Defendants.
    Argued April 20, 1953;
    decided May 28, 1953.

      E. Douglas Hamilton and John G. McCarthy for United Newspaper Magazine Corporation and another, appellants.

      W. Clyde O ’Brien and Richard L. Turner for Gannett Co., Inc., appellant.

      Samuel Wolían for respondent.
   Order affirmed, with costs. Questions certified answered in the affirmative. No opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Fuld and Froessel, JJ. Dye, J., dissents and votes for reversal and dismissal of the complaint on the ground that the complaint fails to establish a reasonable basis for holding the article defamatory as to this plaintiff, failing which no issue is presented for determination by a jury.


text:
    In the Matter of the Estate of George C. Deffner, Deceased. Ella M. Deffner, Respondent; Nelson G. Deffner, as Administrator C. T. A. of George C. Deffner, Deceased, Appellant.
    Argued April 22, 1953;
    decided May 28, 1953.

      Max Cohen for appellant.

      Clarence F. Grabb for respondent.
   Decree affirmed, with costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld and Froessel, JJ.


text:
    In the Matter of the Arbitration between P. J. Carlin Construction Company et al., Respondents, and Bartley Bros. Construction Corp., Appellant.
    Argued April 23, 1953;
    decided May 28, 1953.

      Harry Kalman and Joseph Joffe for appellant.

      Frederick W. Newton for respondents.
   Order affirmed, with costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld and Feoessel, JJ.


text:
    In the Matter of the Claim of Mary Moberg, Respondent, against 335 Lefferts Avenue Corporation et al., Appellants. Workmen’s Compensation Board, Respondent.
    Argued April 20, 1953;
    decided May 28, 1953.

      Bernard F. Farley for appellants.

      Nathaniel L. Goldstein, Attorney-General (Gilbert M. Landy, Wendell P. Broion and Roy Wiedersum of counsel), for Workmen’s Compensation Board, respondent.
   Order affirmed, Avith costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld and Froessel, JJ.


text:
    City of New York, Appellant, v. Pennsylvania Railroad Company, Respondent.
    Argued April 21, 1953;
    decided May 28, 1953.

      Denis M. Hurley, Corporation Counsel (Milton H. Harris, Harry E. O’Donnell and Reuben Levy of counsel), for appellant.

      William J. O’Shea, John Godfrey Saxe, Henry J. Kennedy and John A. Kiser for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld and Fboessel, JJ.


text:
    The People of the State of New York, Respondent, against Donald Hugh Snyder, Appellant.
    Argued April 22, 1953;
    decided May 28, 1953.

      William, Scott 2d, Harry G. Anderson and Rudolph Stand for appellant.

      Fred A. Dickinson, District Attorney (William F. Horan of counsel), for respondent.
   Judgments of conviction affirmed; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld and Froessel, JJ.


text:
    In the Matter of New York Ambassador, Inc., Appellant, against Board of Standards and Appeals of the City of New York et al., Respondents.
    Argued April 17, 1953;
    decided May 29, 1953.

      . Milton M. Berger man and Michael J. Lichtenstein for appellant.

      Denis M. Hurley, Corporation Counsel (Andrew Bellanca and Seymour B. Quel of counsel), for respondents.
   Order affirmed, with costs; no opinion.

Concur: Lewis, Ch. J., Coxway, Desmohd, Dye, Fuld and Fboessel, JJ.


text:
    The People of the State of New York, Appellant, v. James A. Leary, Respondent.
    Argued April 15, 1953;
    decided May 29, 1953.

      Nathaniel L. Goldstein, Attorney-General (Paul W. Williams, Harris B. Steinberg, Peyton H. Moss and Arthur L. Harrow of counsel), for appellant.

      James A. Leary, in person, Walter A. Fullerton, William L. Ford and Francis J. Keehan for James A. Leary, respondent.
   Per Curiam.

Orders reversed, motion to dismiss the indictment denied and the indictment reinstated. The record contains legal evidence which, taken together, might, if unexplained or uncontradicted, 'result in a conviction by the trial jury. Accordingly, the finding of an indictment against defendant was warranted. (Code Grim. Pro., § 258.) The introduction of other evidence, improperly received, does not justify setting aside the indictment (see People v. Glen, 173 N. Y. 395; People v. Sexton, 187 N. Y. 495, 511, 512; People v. Rabinowitz, 277 App. Div. 793, affd. 301 N. Y. 763) particularly when, as here, the asserted errors were not material ones. The other alleged errors have been examined and found not to affect defendant’s substantial rights.

The orders should be reversed and the indictment reinstated.

Lewis, Ch. J., Conway, Desmond, Dye, Fuld and Froessel, JJ., concur.

Orders reversed, etc.


text:
    Harold Black, Appellant, v. Vincent R. Impellitteri et al., Respondents.
    Submitted May 18, 1953;
    decided May 29, 1953.
   Motion for reargument denied, with $10 costs and necessary printing disbursements. [See 305 N. Y. 724.]


text:
    Edward R. Carman et al., Appellants, v. Walter C. Hewitt et al., Respondents.
    Submitted May 18, 1953;
    decided May 29, 1953.
   Motion to amend remittitur denied. [See 305 N. Y. 718.]


text:
    Fay A. Lewis, Respondent, v. Joseph Lewis, Appellant.
    Submitted May 18, 1953;
    decided May 29, 1953.

      Martin J. Scheiman for motion.

      Vincent J. Malone and Angelo A. Maurino opposed.
   Motion dismissed upon the ground that the order does not finally determine the action within the meaning of the Constitution.


text:
    In the Matter of Morris Berman, Appellant, against Bernard J. Gillroy, as Commissioner of Housing and Buildings of the City of New York, et al., Respondents.
    Submitted May 18, 1953;
    decided May 29, 1953.
   Motion for reargument, for amendment of remittitur and to seal the record on appeal denied. [See 305 N. Y. 688.]


text:
    In the Matter of the Accounting of Guaranty Trust Company of New York, as Temporary Administrator and Executor of Ben Hillman, Deceased, Respondent. Francis J. Mulligan, as Public Administrator of the County of New York, et al., Appellants.
    Submitted May 25, 1953;
    decided May 29, 1953.
   Motion for reargument denied, with $10 costs and necessary printing disbursements, [See 3,05 N. Y. 577.]


text:
    In the Matter of 147 East 84th St. Corp., Respondent, against Joseph D. McGoldrick, as State Rent Administrator and Constituting the Temporary State Housing Rent Commission, Appellant.
    Submitted May 25, 1953;
    decided May 29, 1953.

      Harry L. Levine for motion.

      Beatrice Shainswit and Robert H. Schaffer opposed.
   Motion denied, with $10 costs.


text:
    Francis W. Ruzicka et al., Copartners Doing Business as “ Ruzicka’s ”, Respondents, v. Edward Rager, Appellant. Edward Rager, Appellant, v. Francis W. Ruzicka et al., Respondents, et al., Defendants.
    Submitted May 18, 1953;
    decided May 29, 1953.
   Motion for reargument or, in the alternative, to amend the remittitur denied, with $10 costs and necessary printing disbursements. [See 305 N. Y. 191.]


text:
    Ruth M. Young, Respondent, v. Charles W. Young, Appellant. Florence W. Cameron, Appellant.
    Submitted May 18, 1953;
    decided May 29, 1953.

      Francis B. Delehanty, Jr., Harold H. Corbin and Donald L. Stumpf for motion.

      Thomas G. Prioleau opposed.
   Motion granted and appeal dismissed, with costs and $10 costs of motion.


text:
    In the Matter of the Accounting of City Bank Farmers Trust Company, as Trustee under the Will of Charles J. Fromberg, Deceased, Respondent. Robert L. Howard et al., Appellants; Morton Fromberg, Respondent.
    Submitted May 25, 1953;
    decided May 29, 1953.

      Emanuel Harris and Max E. Greenberg for motion.

      Jonas J. Shapiro and Emanuel Schwarts opposed.
   Motion denied. Appellant’s brief to be served on or before July 1, 1953.


text:
    In the Matter of Reuben Hecht, Appellant, against George P. Monaghan, as Police Commissioner of the City of New York, Respondent.
    Submitted May 25, 1953;
    decided May 29, 1953.

      Robert Markewich, Arthur Garfield Rays and Osmond K. Fraenkel for motion.

      Denis M. Hurley, Corporation Counsel (Seymour B. Quel and Henry J. Shields of counsel), opposed.
   Motion denied upon the ground that an appeal lies as of right.


text:
    In the Matter of Frank S. Hogan, as District Attorney of New York County, Respondent, against Owen W. Bohan, as a Judge of the Court of General Sessions of the County of New York, Appellant. Daniel Connolly, Appellant.
    Submitted May 18, 1953;
    decided May 29, 1953.
   Motion by appellant Connolly for a hearing of the allegations and facts pertinent to the above matter, etc., dismissed upon the ground that the Court of Appeals is without power to entertain the application. [See 305 N. Y. 110.]


text:
    Pennsylvania Railroad Company, Respondent, v. L. N. White & Co., Inc., Appellant.
    Argued May 19, 1953;
    decided June 4, 1953.

      Seymour Stone and Philip Novicio for appellant.

      John Vance TLewitt and Henry A. Jones for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld and Froessel, JJ. Taking no part: Van Voobhis, J.


text:
    In the Matter of the Arbitration between A. M. Perlman, Inc., Appellant, and Raycrest Mills, Inc., Respondent. In the Matter of the Arbitration between Raycrest Mills, Inc., Respondent, and A. M. Perlman, Inc., Appellant.
    Argued May 18, 1953;
    decided June 4, 1953.

      Jesse Glimenko and George Trosk for A. M. Perlman, Inc., appellant.

      Stanley N. Ohlbaum for Max M. Hirson, as Referee, appellant.

      Menahem Stim, Roy M. Cohn, Samuel Rubin and Joseph D. Stim for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld, Fboessel and Van Voobhis, JJ.


text:
    Homer L. Householder, Respondent, v. Town of Grand Island, Erie County, Appellant.
    Argued May 19, 1953;
    decided June 4, 1953.

      Wortley B. Paul for appellant.

      JohnB. Weaver for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld, Feoessel and Van Voobhis, JJ.


text:
    In the Matter of the Estate of Julia R. Small, Deceased. James Gibb, as Executor of Julia R. Small, Deceased, et al., Appellants; B. Otto Jacobsen, as Ancillary Executor of Julia R. Small, Deceased, Respondent.
    Argued April 16, 1953;
    decided June 4, 1953.

      Sydney J. Schwarts, appellant in person, and Barnett Hollander for James Gibb, appellant.

      Atwood G. Wolf, Jr., William F. Bleahley and Cyril Grimmins for respondent.
   Order affirmed, with costs to respondent payable by appellants personally; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld and Froessel, JJ.


text:
    In the Matter of Bank of New York (formerly Bank of New York and Trust Company), as Trustee under an Agreement Wherein Edwin L. Coyle and Another Are Named as Settlors. Peter B. Nelson et al., Plaintiffs, v. Bank of New York, as Trustee under an Agreement with Edwin L. Coyle and Another, as Settlors, et al., Defendants. Bank of New York, as Trustee, et al., Appellants; Peter B. Nelson et al., Respondents.
    Argued April 18, 1953;
    decided June 4, 1953.

      George W. Martin, Bichard S. Emmet, John L. Merrill, Jr., and Bichard G. Welden for Bank of New York, as trustee, appellant.

      William Mertens, Jr., as guardian ad litem for infants, appellants.

      Borris M. Komar for Peter B. Nelson and others, respondents.

      Theodore B. Kupferman, Stanleigh P. Friedman and Philip L. Winter for Edwin L. Coyle and another, respondents.

      Archibald H. Gashion and Forbes D. Shaw for Commonwealth Gas Corporation, respondent.

      Myles J. Lane, United States Attorney for the Southern District of New Yorlc (Henry L. Glenn of counsel), for United States of America, respondent.
   Judgment affirmed, with costs to all parties appearing separately and filing separate briefs payable out of the principal of the trust. No opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld and Fboessel, JJ.


text:
    In the Matter of Milton M. Bergerman, Individually and as Chairman of the Citizens Union of the City of New York, Appellant, against John A. Byrnes, as Chief Justice of the City Court of the City of New York, et al., Respondents.
    Argued April 22, 1953;
    decided June 4, 1953.

      Samuel D. Smoleff for appellant.

      Nathaniel L. Goldstein, Attorney-General (Abe Wagman, Wendell P. Brown and Samuel A. Kirshowitz of counsel), for John A. Byrnes, respondent.

      Denis M. Hurley, Corporation Counsel (W. Bernard Richland and Pauline K. Berger of counsel), for James S. Watson and others, respondents.

      Walter Bruchhausen for Robert J. Crews, respondent.
   Order affirmed, without costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld and Froessel, JJ.


text:
    In the Matter of Julius Marcus, Appellant, against Lazarus Joseph, as Comptroller of the City of New York, Respondent.
    Argued May 20, 1953;
    decided June 4, 1953.

      Edward V. Morand for appellant.

      Denis M. Hurley, Corporation Counsel (Anthony Curreri and Seymour B. Quel of counsel), for respondent.
   Order affirmed, with costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld and Fboessel, JJ. Taking no part: Van Voorhis, J. [See 305 N. Y. 923.]


text:
    In the Matter of the Arbitration between Kilgore Manufacturing Company, Appellant, and New Hampshire Fire Insurance Co., Respondent.
    Argued May 20, 1953;
    decided June 5, 1953.

      Samuel J. Silverman and Edward N. Costikyan for appellant. John M. Aherne and John J. Martin for respondent.
   Order affirmed, with costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld and Fboessel, JJ. Taking no part: Van Voorhis, J.


text:
    Secondino Risio, Respondent, v. Cornwall Paper Mills Co., Appellant.
    Argued May 20, 1953;
    decided June 5, 1953.

      Daniel Becker and Paul F. Murphy for appellant.

      Henry Hirschberg and Ernest M. Levinson for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld, Fboessel and Van Voobhis, JJ.


text:
    Queens Valley Home Owners Association, Inc., et al., Appellants, v. Campus Hall Apartments #4, Inc., Respondent.
    Argued May 20, 1953;
    decided June 5, 1953.

      Samuel Batin and Edwin N. Gharnin for appellants.

      John P. McGrath and Frederick B. Adler for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld, Froessel and Van Voorhis, JJ.


text:
    Jacob Imberman et al., Respondents, v. Henry M. Alexander et al., Defendants, and Equitable Life Assurance Society of the United States, Appellant.
    Argued April 23, 1953;
    decided June 5, 1953.

      Eugene T. O’Neill, Leo D. Fitzgerald and Thomas J. Craig, Jr., for appellant.

      Bernard Buchwald, Charles D. Hoffman and Irving Margolies for respondents.
   Order affirmed, with costs. First question certified answered in the affirmative. Second question certified answered in the negative. No opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld and Froessel, JJ.


text:
    Joseph A. De Traglia, Doing Business as Joseph Trill, Appellant, v. National Bank of Hobart et al., Respondents, et al., Defendants.
    Argued May 20, 1953;
    decided June 5, 1953.

      Ernest E. De Rosa and Anthony 8. Falcone for appellant. William D. Kiley and Edward B. Hall for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Ftjld, Froessel and Van Voorhis, JJ.


text:
    Harry M. Elish et al., Appellants, v. St. Louis Southwestern Railway Company, Respondent, et al., Defendants.
    Submitted June 1, 1953;
    decided June 5, 1953.
   Motion for reargument denied, with $10 costs and necessary printing disbursements. [See 305 N. V. 267.]


text:
    Rosario R. Lo Presti et al., Respondents, v. Pierina Valenti, Appellant.
    Submitted June 1, 1953;
    decided June 5, 1953.

      Andrew Wright Lent for motion.

      John T. Masseo opposed.
   Motion dismissed, with $10 costs and necessary printing disbursements, upon the ground that the order does not finally determine the action within the meaning of the Constitution.


text:
    Frank Marsicovetere, Respondent, v. Melchiore Lauria, Appellant; Dolores Passarella et al., Respondents, et al., Defendants.
    Submitted June 1, 1953;
    decided June 5, 1953.

      Millard E. Theodore for motion.

      Alfred J. Gonforti opposed.
   Motion dismissed, with $10 costs and necessary printing disbursements, upon the ground that the judgment does not finally determine the action within the meaning of the Constitution.


text:
    In the Matter of Max Katzenstein et al., Appellants, against Joseph D. McGoldrick, as State Rent Administrator, Respondent, and Park Crescent Hotel, Inc., Respondent.
    Submitted May 25, 1953;
    decided June 5, 1953.
   Motion for reargument denied, with $10 costs and necessary printing disbursements. The question now urged for reargument was not presented below or passed upon by the Court of Appeals. [See 305 N. T. 639.]


text:
    In the Matter of the Probate of the Will of Elizabeth Rhodes, Deceased. Herman Wolf, Appellant; John A. Wolf, Respondent.
    Submitted June 1, 1953;
    decided June 5, 1953.

      Patrick J. Mahoney for motion.
    No one opposed.
   Motion granted and appeal dismissed, with costs and $10 costs of motion, unless within ten days after service of a copy of this order appellant serves and files the required undertaking and pays $10 costs, in which events motion denied.


text:
    Thomas A. Paretta, Doing Business under the Name of Thomas A. Paretta Co., Respondent, v. White Acres Realty Corp., Appellant, et al., Defendants.
    Submitted June 1, 1953;
    decided June 5, 1953.

      Robert Goldstein and Max E. Greenberg for motion.

      Irwin M. Levy opposed.
   Motion denied, with $10 costs. Appellant’s brief is to be filed by August 1, 1953.


text:
    The People of the State of New York ex rel. James Farnsworth, Appellant, against Robert E. Murphy, as Warden of Auburn State Prison, Respondent.
    Submitted May 25, 1953;
    decided June 5, 1953.
   Motion for reargument or, in the alternative, to amend the remittitur denied. [See 305 N. Y. 630.]


text:
    Henry Stevens, Respondent, v. Cecelia A. Stevens, Appellant, et al., Defendants.
    Submitted May 18, 1953;
    decided June 5, 1953.

      Frank J. Burkin for motion.

      Ely Estroff opposed.
   Motion granted upon the ground that the judgment does not finally determine the action within the meaning of the Constitution. [See 305 N. Y. 926.]


text:
    Stephen Sweeney et al., Appellants, v. Forty Wall Street Building, Inc., et al., Respondents.
    Submitted May 18, 1953;
    decided June 5, 1953.

      Edward A. Niles for motion.
    No one opposed.
   Motion granted and appeal dismissed, with costs and $10 costs of motion.


text:
    Elisabeth W. Goepp, Individually and as Administratrix of the Estate of Rudolph M. Goepp, Jr., Deceased, Respondent, v. American Overseas Airlines, Inc., Appellant.
    Argued May 18,1953;
    decided July 14, 1953.

      Harold G. Pickering and John B. Breckenridge for appellant.

      William J. Junkerman and Douglas B. Bowring for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Ftjld, Froessel and Van Voorhis, JJ.


text:
    The People of the State of New York, Respondent, v. James E. Reardon, Appellant.
    Argued May 25, 1953;
    decided July 14, 1953.

      Edward H. Levine, Daniel Jacobson and Vernon G. Bossner for appellant.

      Miles F. McDonald, District Attorney (Aaron E. Koota and Julius H elf and of counsel), for respondent.
   Judgment affirmed; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld, Froessel and Van Voorhis, JJ.


text:
    In the Matter of the Claim of Clara. Ptaszynski, Appellant, against American Sugar Refining Company, Respondent. Workmen’s Compensation Board, Respondent.
    Argued May 28, 1953;
    decided July 14, 1953.

      Abraham Markhoff for appellant.

      Quintará, Joyner for American Sugar Refining Company, respondent.
   Order affirmed, without' costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld, Froessel and Van Voorhis, JJ.


text:
    In the Matter of the City of New York, Appellant and Respondent, Relative to Acquiring Title to Real Property Bounded by Morris Park Avenue and Other Streets, in the Borough of The Bronx, Selected as a Site for a New General Hospital and a New Tuberculosis Hospital. Marie Cinelli, Respondent and Appellant.
    Argued June 2, 1953;
    decided July 14, 1953.

      Denis M. Hurley, Corporation Counsel (Reuben Levy, Harry E. O’Donnell and Benjamin Offner of counsel), for appellant-respondent.

      Anthony Romano and George Schenher for respondent-appellant.
   Per Curiam.

We think that the order of Special Term of June 25, 1951, as affirmed by the Appellate Division, is correct. The respects in which the court below modified the Special Term order by granting leave to open the condemnation proceeding for the purpose of reassessing the value of the improvements are now abstract, since the city declined to avail itself of that permission. We therefore do not pass upon these provisions of the order.

The order of the Appellate Division, insofar as it affirmed the order of Special Term should be affirmed, without costs.

Lewis, Ch. J., Conway, Desmond, Dye, Fuld and Froessel, JJ., concur; Van Voorhis, J., taking no part.

Order affirmed.


text:
    Cassia Corporation, Appellant, v. North Hills Holding Corporation et al., Defendants, and Bernard Rome et al., Respondents.
    Argued June 3, 1953;
    decided July 14, 1953.

      Benjamin Heller and Isidore 8. Jaffe for appellant.

      Louis A. Bossano for Bernard Rome and another, respondents.

      Harold Schaffner for George Koehler and another, respondents.
   Order affirmed, with costs (see Bankers Trust Co. v. 1 E. 88th St. Corp., 283 N. Y. 369). No opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld, Froessel and Van Voorhis, JJ.


text:
    In the Matter of Jules Backman, Appellant, against Spencer E. Bates et al., Constituting the Tax Commission of the State of New York, Respondents.
    Argued April 16, 1953;
    decided July 14, 1953.

      Sol Ringel for appellant.

      Nathaniel L. Goldstein, Attorney-General (John G. Crary, Jr., Wendell P. Brown and Robert W. Bush of counsel), for respondents.
   Order affirmed, with costs; no opinion.

Concur; Lewis, Ch. J., Conway, Desmond, Dye, Fuld and Fboessel, JJ. Taking no part; Van Voobhis, J.


author:
      Per Curiam.
     Froessel, J.

text:
    In the Matter of the Arbitration between Elora Realty, Inc., Appellant, and William Savage, Inc., Respondent.
    Argued May 25, 1953;
    decided July 14, 1953.

      Samuel Lawrence Brennglass, Lloyd L. Rosenthal and Arthur Karger for appellant.

      Samuel Feldman for respondent.
   Per Curiam.

It is unnecessary to decide whether or not article 40 is a general arbitration clause since the dispute in this instance is as to a matter which, by article 39, is specifically made subject to arbitration by way of appeal from a decision of the architect. Although respondent’s demand for arbitration was, under article 39, premature since served before the architect had rendered a decision, that irregularity should not destroy respondent’s rights to have the dispute arbitrated now that the architect, as shown by the record here, has issued his certifications in writing that respondent has breached the contract and that nothing is due respondent thereon.

The order should be affirmed, with costs.

Froessel, J.

(dissenting). This is a motion to stay an arbitration, allegedly brought in violation of the provisions of the building contract between the parties.

Article 40 of the contract, under which the demand for arbitration was purportedly made, may not be construed as a general arbitration provision, since it is plainly intended only to relate to the procedure to be applied to “ disputes, claims or questions subject to arbitration under this contract ” and does not in itself render any or all disputes subject to arbitration.

It is true that under other provisions of the contract, contained in articles 38 and 39 thereof, the architect is made ‘ ‘ in the first instance, the interpreter of the conditions of the Contract and the judge of its performance ”, and all his decisions, except in matters relating to artistic effect, are subject to arbitration.” Those articles, however, require as a condition precedent to any demand for arbitration that the dispute shall have been first submitted to the architect for decision. The demand for arbitration herein was concededly made at a time when that precondition had not been satisfied; hence it was unavailing. That an architect’s certificate was thereafter issued cannot make good the previous ineffectual demand. If it could, then a party would have at hand a ready means to evade the time limitations agreed upon and set them at naught simply by serving a demand for arbitration as soon as a dispute became apparent and without regard to the conditions precedent also agreed upon. The last paragraph of article 39 therefore has no application to this case.

Arbitration is a contractual arrangement and the conditions agreed upon between the parties with respect thereto must be observed (Matter of River Brand Rice Mills v. Latrobe Brewing Co., 305 N. Y. 36).

The order appealed from should be reversed, with costs, and a stay of arbitration granted.

Lewis, Ch. J., Conway, Desmond, Dye and Van Voobhis, JJ., concur in Per Curiam opinion; Fboessel, J., dissents in opinion in which Fuld, J., concurs.

Order affirmed.


text:
    The People of the State of New York, Respondent, v. Peter Calabrese, Appellant. The People of the State of New York, Respondent, v. Carl Di Marco, Appellant. The People of the State of New York, Respondent, v. Harry Williams, Appellant.
    Argued May 27, 1953;
    decided July 14, 1953.

      John J. Sheehan and George Nicolau for appellants.

      Samuel Faile, District Attorney (John J. O’Brien of counsel), for respondent.
   Judgments affirmed; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld and Van Voobhis. JJ. Fboessel, J., dissents upon the ground that the prosecutor’s cross-examination of the defendant Calabrese amounted to prejudicial error.


text:
    In the Matter of Bernard Fliashnick, Appellant, against Joseph D. McGoldrick, as State Rent Administrator, Respondent.
    Submitted June 1, 1953;
    decided July 14, 1953.

      Bernard Fliashnich, appellant in person.

      Norman S. Fenton and Robert H. Schaffer for respondent.
   Appeal dismissed, with costs, upon the ground that no constitutional question is directly involved. No opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fold and Froessel, JJ. Taking no part: Van Vooehis, J.


text:
    In the Matter of Austreal Corp., Appellant, against Joseph D. D. McGoldrick, as State Rent Administrator, Respondent.
    Argued June 3, 1953;
    decided July 14, 1953.

      S. Ezra Austern for appellant.

      Emory Gardiner and Robert H. Schaffer for respondent.
   Order affirmed, with costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fued and Fboessel, JJ. Taking no part: Van Voobhis, J.


text:
    In the Matter of Abraham Kaplan, Appellant, against John F. O’Connell et al., Constituting the New York State Liquor Authority, Respondents.
    Argued June 4, 1953;
    decided July 14, 1953.

      Monroe I. Katcher, II, and Samuel Bernstein for appellant.

      William Hoppen and Alvin McKinley Sylvester for respondents.
   Order affirmed, with costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld and Froessel, JJ. Taking no part: Van Voorhis, J.


text:
    Consolidated Fisheries Company, Respondent, v. Brown-Allen Chemicals, Inc., Appellant.
    Argued May 22, 1953;
    decided July 14, 1953.

      Lemuel Skidmore and lioivard F. Ordman for appellant.

      Lionel S. Popldn and Burton 1. Monasch for respondent.
   Orders affirmed, with costs. First question certified answered in the affirmative. Second question certified answered in the negative. "We do not pass upon the issue as to whether appellant was prejudiced "because it may have bought the fish oil for resale for the reason that that issue is not raised by the pleadings. No opinion.

Concur; Lewis, Ch. J,, Conway, Desmond, Dye, Fuld and Froessel, JJ. Taking no part: Van Voorhis. J.


author: Lewis, Ch. J.

text:
    In the Matter of Lehigh Valley Railroad Company, Appellant and Respondent, against Lazarus Joseph, as Comptroller of the City of New York, Respondent and Appellant.
    Argued May 26, 1953;
    decided July 14, 1953.

      Vernon C. Ryder and Richard D. Lalanne for appellant-respondent.

      Denis M. Hurley, Corporation Counsel (Morris L. Heath and Stanley Buchsbaum of counsel), for respondent-appellant.
   Order affirmed, without costs; no opinion.

Concur: Desmond, Dye, Fuld and Froessel, JJ. Lewis, Ch. J., dissents in part and votes to modify so as to grant interest on the refund, in opinion in which Conway, J., concurs. Taking no part: Van Voorhis, J.

Lewis, Ch. J.

(dissenting in part). Upon the merits of this case, we are all in accord in our conclusion that the city lacked power to tax the saving realized by the railroad as a result of the reduction in its system-wide bonded debt achieved by means of purchases of its own bonds over the New York Stock Exchange at less than the price at which they were issued. However, we cannot concur in the majority view that, under the enabling act and the city’s local law, interest upon the tax refund to the petitioner was properly withheld from the railroad.

The enabling act (L. 1949, ch. 454) — which is the source of the city’s authority to tax railroad utilities — as implemented by section 20-b of the General City Law (as to nonrailroad utilities) and section 186-a of the Tax Law, indicate that the city’s general utility tax must be imposed, insofar as applicable, in accord with the State utility tax law. The latter law (Tax Law, § 186-a) is silent as to whether interest should be awarded upon refunds thereunder and we have held that in such a case interest should be paid upon refunds (Matter of O’Berry, 179 N. Y. 285, 287-288). However, the City of New York imposed both its railroad utility tax and its general utility tax by the same local tax law (Local Laws, 1949, No. 45 of City of New York). Believing, as we do, that the same language in the single local law should be uniformly construed as to both railroad and non-railroad utility taxes — inasmuch as the same provision and identical language of the local tax law applies to each — and as the city lacked power to withhold interest upon general utility tax refunds (Matter of O’Berry, supra), the same should be true as to refunds of the railroad utility tax, if we are to avoid an anomalous result. Accordingly, we vote to modify the order of the Appellate Division so as to direct that interest be awarded to the railroad upon the tax refund payable to it.


text:
    Mitchell Fein et al., Appellants, v. Starrett Television Corporation et al., Respondents.
    Argued May 28, 1953;
    decided July 14, 1953.

      Milton Paulson for appellants.

      George Trosh and Nathan A. MarJcowits for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld and Froessel, JJ. Taking no part: Van Voorhis, J.


text:
    In the Matter of Frederick W. Kaelber, Doing Business as Frederick W. Kaelber Company, Appellant, against Henry A. Sahm et al., Constituting the Town Board of the Town of North Hempstead, Nassau County, et al., Respondents.
    Argued June 1, 1953;
    decided July 14, 1953.

      Emil V. Pils for appellant.

      Bertram B. Daiher and James L. Dowsey, Jr., for Henry A. Sahm and others, respondents.

      Isidore Englander and Herman Englander for Morse Boulger Destructor Company, Inc., respondent.
   Order affirmed, with costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld, Froessel and Van Voorhis, JJ.


text:
    In the Matter of Rector, Churchwardens and Vestrymen of Trinity Church in the City of New York, Appellant. City of New York et al., Respondents.
    Argued June 3, 1953;
    decided July 14, 1953.

      Stephen W. Hanley and Spencer Byard for appellant.

      Denis M. Hurley, Corporation Counsel (Reuben Levy, Harry E. O’Donnell, Benjamin Offner and Leo Sachnoff of counsel), for City of New York, respondent.
   Order affirmed, with costs; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld and Froessel, JJ. Taking no part: Van Voorhis, J.


text:
    The People of the State of New York, Respondent, v. Baldassaro De Mino, Appellant. The People of the State of New York, Respondent, v. Salvatore Pennise, Appellant.
    Argued June 4, 1953;
    decided July 14, 1953.

      William, W. Kleinman and Mortimer Battler for Baldassaro De Mino, appellant.

      Abraham H. Brodsky and Julius A. Itskowits for Salvatore Pennise, appellant.

      Miles F. McDonald, District Attorney (Aaron Nussbaum of counsel), for respondent.
   Judgments affirmed; no opinion. ,

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld, Fboesdel and Van Voobhis, JJ.


text:
    The People of the State of New York, Respondent, v. Henry Fichtner, Appellant. The People of the State of New York, Respondent, v. Joseph McGuinness, Appellant.
    Argued May 25, 1953;
    decided July 14, 1953.

      Edwin J. Freedman for appellants.

      Frank A. Gulotta, District Attorney (Henry P. De Vine of counsel), for respondent.
   Judgments affirmed; no opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fold, Froessel and Van Voorhis, JJ.