text:
    The People of the State of New York, Respondent, v. Vincent Paternoster, Appellant.
    Argued October 10, 1955;
    decided November 23, 1955.

      Sidney G. Sparrow and Joseph Winston for appellant.

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

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


source: Caselaw Access Project

license: Public Domain

text:
    Dorothy Barrell, Appellant, et al., Plaintiff, v. Lammerts, Inc., et al., Respondents.
    Argued October 12, 1955;
    decided November 23, 1955.

      J ames A. Hughes and J oseph Spercmm for appellant.

      Wallace H. Miller and James R. TJlsh for respondents.
   Judgment affirmed, with costs; no opinion.

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


text:
    Francis W. Baxendale et al., Respondents, v. Property Owners Association of North Shore Acres, Inc., et al., Appellants, and Erwin J. Krizek, Respondent.
    Argued October 11, 1955;
    decided November 23, 1955.

      John Marshall Lockwood, 8. M. Meeker, D. Edward Meeker and John B. Doyle for appellants.

      Thomas J. Irving for Francis W. Baxendale and another, respondents.
   Judgment affirmed, with costs; no opinion.

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


text:
    Josephine Carlisi et al., Appellants, v. Harold I. Cole et al., Respondents.
    Argued October 11, 1955;
    decided November 23, 1955.

      Joseph J. Lombardo and Francis M. Verrilli for appellants.

      Joseph Fennelly, William 8. O’Connor and Gregory A. Lee for Harold I. Cole and another, respondents.

      Joseph Kane and Alexander Orr for William Kuhnle, respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Conwat, Ch. J., Desmond, Fuld, Fboessel, Van Voobhis and Bubke, JJ. Taking no part: Dye, J.


text:
    In the Matter of Winston F. C. Guest, Appellant. Bessemer Trust Company, as Cotrustee under an Indenture of Trust Made by Winston F. C. Guest, Respondent; James J. McDonough, as Special Guardian for Infants, Respondent.
    Argued October 18, 1955;
    decided November 23, 1955.

      Sol A. Rosenblatt and Charles Roden for appellant.

      James J. McDonough, special guardian for infants whose rights may be affected by this proceeding, respondent.
   Order affirmed, with costs to the special guardian; no opinion.

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


text:
    Aline McE. Joseph, Individually and as Administratrix of the Estate of Abatha Joseph, Deceased, Respondent, v. Charles McVeigh et al., Individually and as Executors and Trustees under the Will of Lewis S. Morris, Deceased, et al., Defendants, and City of New York, Appellant.
    Argued October 17, 1955;
    decided November 23, 1955.

      Peter Campbell Brown, Corporation Counsel (Fred Iscol and Seymour B. Quel of counsel), for appellant.

      Morris C. Zirin and Gerald H. Lessuk for respondent.
   Order affirmed, with costs. Questions certified answered in the affirmative. No opinion.

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


text:
    Vivian J. Buduson, as Administratrix of the Estate of Louis H. Buduson, Deceased, Respondent, v. William Curtis, Defendant, and City of Watertown, Appellant.
    Argued October 17, 1955;
    decided November 23, 1955.

      Kenneth W. Brett, Corporation Counsel, for appellant.

      Lawrence Conboy for respondent.
   Order affirmed, with costs. Question certified answered in the affirmative. No opinion.

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


text:
    Renee R. Motyka, as Administratrix of the Estate of Michael Motyka, Deceased, Respondent, v. City of Oswego, Appellant.
    Argued October 17, 1955;
    decided November 23, 1955.

      David J. Bead, City Attorney, for appellant.

      D. Charles O’Brien for respondent.
   Order affirmed, with costs. Question certified answered in the affirmative. No opinion.

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


text:
    In the Matter of Alona J. Echle, Appellant, against Edward Corsi, as Industrial Commissioner of the State of New York, et al., Respondents.
    Argued October 11, 1955;
    decided November 23, 1955.

      Charles J. McDonough for appellant.

      Jacob K. Javits, Attorney-General (Michael P. Geraci, James 0. Moore, Jr., and Matthew A. Tiffany of counsel), for respondents.
   Order affirmed, without costs; no opinion.

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


text:
    In the Matter of the Accounting of Frederick H. Osborn, as Successor Trustee under the Will of Grace Bigelow, Deceased, Respondent. Evelyn C. Emmet et al., Respondents-Appellants; Rhode Island Hospital Trust Company, as Executor of Evelyn B. Clark, Deceased, Appellant; Paul D. O’Brien, as Executor of Francis Poultney Clark, Deceased, et al., Respondents.
    Argued October 12, 1955;
    decided November 23, 1955.

      Leslie D. Dawson and Sidney W. Davidson for appellant.

      Winthrop S. Emmet for Evelyn C. Emmet and another, respondents-appellants.

      John Drew for Paul D. O’Brien, respondent.
   Order affirmed, with costs to all parties appearing separately and filing separate briefs payable out of the estate; no opinion.

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


text:
    In the Matter of Abel Green, Appellant, against Joseph D. McGoldrick, as State Rent Administrator, et al., Respondents.
    Argued October 11, 1955;
    decided November 23, 1955.

      Julian T. Abeles for appellant.

      Jacob B. Ward and Hortense W. Gabel for Joseph D. McGoldrick, State Bent Administrator, respondent.

      Robert S. Fougner for Katherine Barakat, respondent.
   Order affirmed, with costs; no opinion.

Concur: Conway, Ch. J., Desmond, Ftjld, Frobssel, Van Voorhxs and Burke, JJ. Taking no part: Dye, J.


author: Per Curiam.

text:
    In the Matter of Emray Realty Corp., Appellant, against Charles Abrams, as State Rent Administrator, Respondent.
    Argued October 14, 1955;
    decided November 23, 1955.

      Arnold Schildhaus for appellant.

      Edward V. Alfieri and Nathan Heller for respondent.
   Per Curiam.

The record before us is so confused and so incomplete as to prevent a determination as to whether or not the State Rent Administrator’s application of the provisions of the rent laws here involved is confiscatory and thereby denied petitioner due process of law. This is an unusual case and, in the interest of justice, it seems to us that the matter should be remitted to the Rent Administrator with directions to conduct a full hearing (and keep a complete record thereof), at which petitioner may call witnesses and present evidence concerning the subject premises, their cost and value, the income derived and the rents due and/or collected therefrom, the expenses of operation and maintenance, the building violations or other violations filed or recorded against the premises, the repairs made in or about them, the reasonable cost of rectifying violations, and also these and any other specific evidence should be admitted bearing upon the question whether petitioner should be permitted to withdraw the premises from the rental market.

The order of the Appellate Division and that of Special Term should be reversed and the matter remitted to the • State Rent Administrator to proceed in accordance with the Per Curiam opinion herein.

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

Orders reversed, etc.


text:
    The People of the State of New York, Appellant-Respondent, v. Michael Clemente, Respondent-Appellant.
    Argued October 20, 1955;
    decided November 23, 1955.

      Frank 8. Hogan, District Attorney (Richard G. Denser and Paul A. Stone of counsel), for appellant-respondent.

      Harris B. Steinberg for respondent-appellant.
   Order affirmed; no opinion.

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


text:
    In the Matter of the Claim of James E. Brannigan, Respondent, against Peter Terzakis, Doing Business as Metropolitan Painting and Decorating Co., et al., Appellants. Workmen’s Compensation Board, Respondent.
    Argued October 13, 1955;
    decided November 23, 1955.

      Paul P. Donohue for appellants.

      Jacob K. Javits, Attorney-General (Gilbert M. Landy, James 0. Moore, Jr., and Roy Wiedersum of counsel), for Workmen’s Compensation Board, respondent.
   Order affirmed, with costs; no opinion.

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


text:
    The People of the State of New York, Appellant, v. Frank Krayser, Respondent.
    Argued October 20, 1955;
    decided November 23, 1955.

      Edward S. Silver, District Attorney (Aaron Nussbaum of counsel), for appellant.

      Edward E. Levine and Vernon C. Rossner for respondent..
   Judgment affirmed; no opinion.

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


text:
    Henry L. Bressingham, Respondent, v. City of New York et al., Defendants, and Marosy Plumbing & Heating Co., Inc., et al., Appellants. Marosy Plumbing & Heating Co., Inc., Third-Party Plaintiff-Appellant, v. Brinsmade Homes, Inc., Third-Party Defendant, and Naclerio Contracting Co., Inc., Third-Party Defendant-Respondent.
    Argued October 4, 1955;
    decided November 23, 1955.

      Patrick F. Gibbons and James 0. Denniston for Marosy Plumbing & Heating Co., Inc., appellant and third-party plaintiff-appellant.

      Samuel Shapiro and William J. Kenney for Naclerio Contracting Co., Inc., appellant and third-party defendant-respondent.

      B. Leo Schwarz, Frank J. Gafaro and Marc Bazin for respondent.
   Judgment affirmed, with costs to the plaintiff against both defendants and with costs to the defendant Naclerio Contracting Co., Inc., against the defendant Marosy Plumbing & Heating Co., Inc. No opinion.

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


text:
    In the Matter of Emray Realty Corp., Appellant, against Charles Abrams, as State Rent Administrator, Respondent.
    Submitted October 10, 1955;
    decided November 23, 1955.

      Ediuard V. Alfieri and Nathan Heller for motion.

      Arnold Schildhaus opposed.
   Motion to dismiss appeal denied.


text:
    The People of the State of New York, Respondent, v. Nicholas Manfredi, Appellant.
    Submitted October 3, 1955;
    decided November 23, 1955.
   Motion for enlargement of time granted and case set down for argument during the January, 1956, session of the Court of Appeals.

Motion for leave to prosecute appeal upon the original record and for assignment of counsel granted and Edward J. Filipowicz, Esq., 226 Union Street, Poughkeepsie, New York, assigned as counsel to appellant on the appeal herein.


text:
    M. Francis Malone, Appellant, v. State of New York, Respondent.
    (Claim No. 32327.)
    Argued November 18, 1955;
    decided November 30, 1955.

      Jacob K. Javits, Attorney-General (James 0. Moore, Jr., and John B. Davison of counsel), for motion.

      M. Francis Malone, appellant in person, opposed.
   Appeal dismissed upon the ground that no constitutional question is directly involved (Civ. Prac. Act, § 588, subd. 1, par. [a]).


text:
    In the Matter of the Claim of Duane I. Ingraham, Respondent, against Lane Construction Corporation et al., Appellants. Workmen’s Compensation Board, Respondent.
    Argued October 19, 1955;
    decided December 1, 1955.

      John E. Knauf for appellants.

      Vincent P. Pickett for Duane I. Ingraham, respondent.
   Order affirmed and order absolute directed against appellants on the stipulation herein, with costs. No opinion.

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


text:
    Myrtle L. Pignatelli, Respondent, v. Gimbel Brothers, Inc., Appellant.
    Argued October 18, 1955;
    decided December 1, 1955.

      John Nielsen and John P. Smith for appellant.

      Zenaida Drabhin and Grace H. Connell for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    The People of the State of New York, Respondent, v. Norman Roye, Appellant.
    Argued October 20, 1955;
    decided December 1, 1955.

      Karris B. Steinberg, Sylvester Cosentino, Irving Mendelson and A. Cuyler Ten Eyck, Jr., for appellant.

      Frank S. Kogan, District Attorney (Charles W. Manning of counsel), for respondent.
   Judgment of conviction affirmed; no opinion.

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


text:
    Wedtke Realty Corporation, Respondent, v. Michael Karanas, Appellant.
    Argued October 14, 1955;
    decided December 1, 1955.

      Charles 0. Burney, Jr., John R. Pillion and Nicholas Konst for appellant.

      Robert 8. Lesher and T. Kayler Jenhins for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Florence Silverman, as Administratrix of the Estate of Irving Silverman, Deceased, Respondent, v. Abraham Silverman, Defendant, and Gabriel Fisher et al., Appellants.
    Argued October 14, 1955;
    decided December 1, 1955.

      Joseph J. Brophy, John W. Trapp and Desmond T. Barry for appellants.

      Bernard Meyer son and Herman E. Hoherman for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    The People of the State of New York, Respondent, v. William Byers, Also Known as William Snyder, Appellant.
    Argued October 19, 1955;
    decided December 1, 1955.

      Rudolph Stand, J. Michael Solomon, Ralph W. Kerbs and Darwin W. Telesford for appellant.

      Frank S. Hogan, District Attorney (Richard G. Denser and Leonard E. Reisman of counsel), for respondent.
   Judgment of conviction affirmed; no opinion.

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


text:
    Charles Cussano et al., Appellants, v. Anthony Cinicolo, Respondent.
    Submitted November 21, 1955;
    decided December 1, 1955.

      Sol I. Kroll for motion.

      J. David Jutkowits opposed.
   Motion dismissed upon the ground that the Court of Appeals lacks jurisdiction to entertain the motion (Civ. Prac. Act, § 589, subd. 1, par. [b]).


text:
    Milton M. Fieger et al., on Behalf of Themselves and All Other Tenants of Glen Oaks Village, Inc., Similarly Situated, Appellants, v. Glen Oaks Village, Inc., et al., Respondents.
    Submitted November 28, 1955;
    decided December 1, 1955.
   Motion to dismiss appeal denied.


text:
    Jarka Corporation, Respondent, v. Fireman’s Fund Indemnity Company et al., Appellants.
    Submitted November 21, 1955;
    decided December 1, 1955.

      Thomas P. Curtin and Jeremiah G. Mahony for motions.

      Chester Bordean and John M. Johnston opposed.
   Motions dismissed, with $10 costs, upon the ground that the Court of Appeals lacks jurisdiction to entertain the motions (Civ. Prac. Act, § 589, subd. 1, par. [b]).


text:
    Rosa E. Klein, Respondent, v. Arthur J. Klein, Appellant.
    Submitted November 14, 1955;
    decided December 1, 1955.

      Jacob W. Friedman for motion.

      Stanley Rosenthal opposed.
   Motion dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution.


text:
    Regina Levy, Appellant, v. Fireman’s Fund Indemnity Company, Respondent.
    Submitted November 28, 1955;
    decided December 1, 1955.

      Lyman Stanshy for motion.

      Thomas P. Curtin opposed.
   Motion dismissed, with $10 costs and necessary printing disbursements, upon the ground that the Court of Appeals lacks jurisdiction to entertain the motion (Civ. Prac. Act, § 589, subd. 1).


text:
    In the Matter of Gypsum Building Materials Corp., Appellant. City of New York, Respondent.
    Submitted November 21, 1955;
    decided December 1, 1955.

      Isidore Ginsberg for motion.

      Peter Campbell Brown, Corporation Counsel (Harry E. O’Donnell, Benjamin Offner and Meyer Scheps of counsel), opposed.
   Motion dismissed, with $10 costs and necessary printing disbursements, upon the ground that the order sought to be appealed from does not finally determine the proceeding within the meaning of the Constitution.


text:
    In the Matter of Jacob Grumet, Fire Commissioner, as Trustee of the Volunteer Firemen’s Benevolent Fund, Respondent, against Robert W. Goodbody et al., Respondents, and James McNulty, as Trustee, and Michael Dulk, as Trustee and Treasurer of the Exempt Firemen’s Benevolent Fund of the County of Kings, Appellant.
    Submitted November 28, 1955;
    decided December 1, 1955.
   Motion for an order of substitution granted and Henry Butecke, one of the fund trustees, substituted as a party appellant in place of Michael Dulk, deceased, to continue the prosecution of the appeal herein (Civ. Prac. Act, § 557, subd. 2; § 579). [See 309 N. Y. 860.]


text:
    In the Matter of the Arbitration between Ethel Zitner, as Administratrix of the Estate of Max Zitner, Deceased, Respondent, and William Karpman et al., Appellants.
    Submitted November 28, 1955;
    decided December 1, 1955.

      Seymour Cohen for motion for stay and in opposition to motion to dismiss appeal.

      Irving Lemov in opposition to motion for stay and for motion to dismiss appeal.
   Motion for stay granted and case set down for argument during the first week of the January, 1956, session of the Court of Appeals.

Cross motion to dismiss appeal denied.


text:
    The People of the State of New York, Appellant, v. Alfred Souza Caverio, Respondent.
    Submitted November 28, 1955;
    decided December 1, 1955.

      James E. Gavagan for motion to dismiss appeal.

      Russell G. Hunt, District Attorney, opposed.
   Motion to dismiss appeal denied.

Motion to have appeal heard during the November, 1955, session of the Court of Appeals denied and case set down for argument during the first week of the January, 1956, session of the Court of Appeals.


text:
    The People of the State of New York, Appellant, v. John Formato, James Morello, Pasquale Lepore and Hugo Torre, Respondents.
    Submitted November 28, 1955;
    decided December 1, 1955.
   Motion for a further enlargement of time granted and case set down for argument during the January, 1956, session of the Court of Appeals.


text:
    Miriam B. Rosenfield, Respondent, v. Edward M. Rosenfield, Appellant. Miriam B. Rosenfield, Respondent-Appellant, v. Edward M. Rosenfield, Appellant-Respondent. Charles R. Barrett, Respondent.
    Submitted November 28, 1955;
    decided December 1, 1955.
   Motion by plaintiff for reargument of that portion of her previous motion for leave to have her appeal in action No. 2 heard upon available copies of the record before the Appellate Division granted, the same relief granted to defendant upon his two appeals, the records in both appeals to be filed within two weeks from the date of this order together with printed additional papers, and case set down for argument during the January, 1956, session of the Court of Appeals. [See 309 N. Y. 807, 863.]


text:
    Richard Van Houten, an Infant, by Herbert Van Houten, His Guardian ad Litem, et al., Appellants, v. New York, New Haven and Hartford Railroad Company, Respondent.
    Submitted November 28, 1955;
    decided December 1, 1955.
   Motion for leave to prosecute appeal as poor persons and for assignment of counsel granted and John M. Wilson, Esq., and Harry A. Spie'gelman, Esq., of 215 Montague Street, Brooklyn, New York, assigned as counsel to appellants on the appeal herein.


text:
    In the Matter of Hugh A. Coulbourn, Appellant, against Milton L. Burns, as County Treasurer of Suffolk County, Respondent.
    Argued October 13, 1955;
    decided December 28, 1955.

      Charles E. Lapp, Jr., for appellant.

      Lloyd P. Dodge, County Attorney (Pierson R. Hildreth of counsel), for respondent.
   Order affirmed; no opinion.

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


text:
    In the Matter of Collectors Club, Respondent, against William E. Boyland et al., Constituting the Tax Commission of the City of New York, Appellants. [22 E. 35th St., Borough of Manhattan.]
    Argued November 16, 1955;
    decided December 28, 1955.

      Peter Campbell Brown, Corporation Counsel (Edith I. Spivack, Morris Handel and Daniel A. Muecia of counsel), for appellants.

      John A. Sullivan, Cornelius W. Wickersham and Carlton G. Champe for respondent.
   Order affirmed, with costs; no opinion.

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


text:
    William J. Hawkins, Respondent, v. Gray Metal Products, Inc., et al., Appellants, et al., Defendants.
    Argued October 12, 1955;
    decided December 28, 1955.

      John W. Hollis for appellants.

      Alton J. Wightman for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of Herbert L. Brickman, Appellant, against Robert F. Wagner, as Mayor of the City of New York, Respondent.
    Argued November 17, 1955;
    decided December 28, 1955.

      Harold H. Corbin and Edward J. Bennett for appellant.

      Peter Campbell Brown, Corporation Counsel (W. Bernard Richland of counsel), for respondent.
   Order affirmed; no opinion.

Concur: Conway, Ch. J., Desmond, Fuld, Feoessel and Van Vooehis, JJ. Taking no part: Dye and Bueke, JJ.


text:
    The People of the State of New York, Respondent, v. Michael Conforti, Appellant.
    Argued October 10, 1955;
    decided December 28, 1955.

      William F. Horan for appellant.

      Fred A. Dickinson, District Attorney (Frank G. Bowers, Jr., of counsel), for respondent.
   Judgment affirmed; no opinion.

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


text:
    In the Matter of Harry Krauss, Appellant. Joseph P. Vaccarella, as Mayor of the City of Mount Vernon, Respondent.
    Argued November 14, 1955;
    decided December 28, 1955.

      John W. Guzzetta for appellant.

      Harry Zimmerman, Corporation Counsel (William Macy of counsel), for respondent.
   Order affirmed; no opinion.

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


text:
    The People of the State of New York, Appellant, v. John H. Greenwood, Respondent.
    Argued October 18, 1955;
    decided December 28, 1955.

      Angus G. Saunders, District Attorney (Robert M. Weldon of counsel), for appellant.

      Allan G. Patch and Russell Spencer for respondent.
   Order affirmed; no opinion.

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


text:
    In the Matter of Dennis F. Sullivan et al., Appellants, against Oscar M. Taylor et al., Constituting the Civil Service Commission of the State of New York, Respondents.
    Submitted November 16, 1955;
    decided December 28, 1955.

      Morris Shapiro, Edward M. Edenbaum and Murray Sendler for appellants.

      Jacob K. Javits, Attorney-General (Daniel M. Cohen and James 0. Moore, Jr., of counsel), for respondents.
   Order affirmed, with costs; no opinion.

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


text:
    In the Matter of William T. Whalen, Respondent, against George P. Monaghan et al., Constituting the Board of Trustees of the Police Pension Fund of the City of New York, Appellants.
    Argued November 17, 1955;
    decided December 28, 1955.

      Peter Campbell Brown, Corporation Counsel (Henry J. Shields and Seymour B. Quel of counsel), for appellants.

      A. Bernard King and Edward H. Freiberger for respondent.
   Order affirmed, with costs; no opinion.

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


text:
    In the Matter of Francis A. O'Hara, Respondent, against George P. Monaghan et al., Constituting the Board of Trustees of the Police Pension Fund, et al., Appellants.
    Argued November 17, 1955;
    decided December 28, 1955.

      Peter Campbell Brown, Corporation Counsel (Henry J. Shields and Seymour B. Quel of counsel), for appellants.

      Lester G. Knopping and George Moon for respondent.
   Order affirmed, with costs; no opinion.

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


text:
    In the Matter of David M. Dunning, Jr., Respondent, against Alfred E. Turner, as City Manager of the City of Auburn, Appellant.
    Submitted November 22, 1955;
    decided December 28, 1955.

      Anthony J. Gontiguglia, Corporation Counsel, for appellant.

      George B. Shannon for respondent.
   Order affirmed, with costs; no opinion.

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


text:
    Samuel Edelman, on Behalf of Himself and All Other Stockholders of 123 Cedar Street Corporation Similarly Situated, and on Behalf of Said Corporation, Appellant, v. Sam Frindel, Jr., et al., as Executors of Elias A. Cohen, Deceased, et al., Respondents.
    Argued October 5, 1955;
    decided December 28, 1955.

      Jay Leo Rothschild for appellant.

      Samuel Gottlieb, Alvin T. Sapinsley, respondent in person, and Harry Giesow for Sam Frindel, Jr., and others, respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Conway, Ch. J., Desmond, Fuld and Froessel, JJ. Van Voorhis and Burke, JJ., dissent and vote to reverse upon the ground that the personal representatives of Elias A. Cohen were under a fiduciary obligation to come forward with an explanation of the purpose to which these funds of 123 Cedar Street Corporation were applied, and that under the evidence in this record these funds must be held to have been expended for the purchase of an equity interest as contended by plaintiff. Taking no part: Dye, J.


text:
    Heller Candy Company, Inc., Appellant, v. 385 Gerard Avenue Realty Corp., Respondent.
    Argued November 14, 1955;
    decided December 28, 1955.

      Martin L. Conrad, Harry Schneider and Irving J. Galpeer for appellant.

      Leon M. Labes for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of Lillian Okun et al., Respondents, against Department of State of the State of New York et al., Appellants.
    Argued November 23, 1955;
    decided December 28, 1955.

      Jacob K. Javits, Attorney-General (Philip J. Fitzgerald and James 0. Moore, Jr., of counsel), for appellants.

      Charles B. Close for respondents.
   Order affirmed, with costs; no opinion.

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


text:
    The People of the State of New York, Appellant, v. Philip S. Savage, Respondent.
    Argued December 1, 1955;
    decided December 28, 1955.

      William B. Lawless, Jr., Corporation Counsel (Aaron Weinstein of counsel), for appellant.

      Dana B. Hellings and Ralph TJlsh for respondent.
   Order affirmed; no opinion.

Concur: Conway, Ch. J., Fuld, Froessel, Van Voorhis, Burke and Cohn, JJ.

       Designated pursuant to section 5 of article VI of the State Constitution in the temporary absence of Desmond and Dye, JJ.


text:
    In the Matter of the Construction of the Will of Laura C. Mattes, Deceased. James C. Lambeth et al., Appellants; Bankers Trust Company, as Executor of Laura C. Mattes, Deceased, et al., Respondents.
    Argued October 12, 1955;
    decided December 28, 1955.

      Charles H. Tuttle and Alfred D. Clark for Harvey E. Lambeth, appellant.

      Edmund B. Bellinger for James C. Lambeth, appellant.

      George L. Genung, special guardian for Harvey E. Lambeth. Jr., and another, infants, appellants.

      Laurence D. Kieran for Edward C. Mattes, respondent.

      Irving L. Schanser and Henry 8. Hooker for Bankers Trust Company, respondent.
   Order affirmed, with costs to all parties appearing separately and filing separate briefs payable out of the estate; no opinion.

Concur: Conway, Ch. J., Desmond, Fuld, Van Voobhis and Btjbkb, JJ. Fboessbl, J., dissents and votes to reverse in the following memorandum: I dissent and vote to reverse. When the testatrix, in the same paragraph in which she directed payment of her debts and administration expenses, directed that “ all ” estate taxes “ shall be paid out of my residuary estate ” and further directed in paragraph seventh, which disposed of her residuary estate, that her executors divide said residuary into twelve parts as nearly equal as possible ”, she made it unmistakably clear that she sought equality of beneficial interests as among the residuary beneficiaries and that all estate taxes be paid out of said residuary estate before there was any division. To hold otherwise, in my judgment, is tantamount to rewriting her will in this respect. Taking no part: Dye, J.


text:
    In the Matter of Dudley T. Hill, Appellant, against Board of Education of Central School, District No. 2 of Towns of Glenville, Schenectady County, Amsterdam, Montgomery County, and Charlton, Saratoga County, Respondent.
    Argued November 14, 1955;
    decided December 28, 1955.

      Richmond D. Moot for appellant.

      Roy W. Peters for respondent.

      Charles A. Brind, Jr., John P. Jehu, Elisabeth M. Eastman and George B. Farrington for James E. Allen, Jr., Commissioner of Education of the State of New York, amicus curiae, in support of respondent’s position.

      Vandewater, Sykes, Heckler & Galloway, amicus curiae, in support of respondent’s position.
   Order affirmed; no opinion.

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


text:
    The People of the State of New York, Appellant, v. Charles Gersh, Respondent. The People of the State of New York, Appellant, v. Norman Clark, Respondent.
    Argued November 30, 1955;
    decided December 28, 1955.

      Edward 8. Silver, District Attorney (Jerome G. Ditore and Aaron E. Koota of counsel), for appellant.

      Edward H. Levine, Harold 8. Mohotoff and Vernon G. Rossner for respondents.
   Orders affirmed; no opinion.

Concur: Conway, Ch. J., Fuld, Froessel, Van Voorhis, Burke and Cohn , JJ.

       Designated pursuant to section 5 of article YI of the State Constitution in the temporary absence of Desmond and Dye, JJ.


text:
    J. Leon Lazarowitz et al., Appellants, v. Dominick Vitale et al., Respondents.
    Submitted November 28, 1955;
    decided December 28, 1955.
   Motion for leave to appeal dismissed unless within twenty days after the mailing, by registered mail by the Clerk of the Court of Appeals, of the order to be entered on this decision, together with a copy of rule XXI of the Rules of the Court of Appeals, movants comply with said rule.


text:
    Henry Ott, Appellant, v. Metropolitan Jockey Club, Respondent.
    Submitted November 14, 1955;
    decided December 28, 1955.
   Motion for reargument denied, with $10 costs and necessary printing disbursements. [See 307 N. Y. 696.]


text:
    The People of the State of New York, Respondent, v. Elesano Troiani, Alias Liseno Troiani, True Name, Elesano John Troiani, Appellant.
    Submitted November 21, 1955;
    decided December 28, 1955.
   Motion to withdraw as counsel to defendant on appeal herein granted.


text:
    J. Erwin Hyney, Appellant, v. Marie Nielsen et al., as Executors of Gerald B. Nielsen, Deceased, et al., Respondents.
    Submitted January 3, 1956;
    decided January 5, 1956.
   Motion to dispense with the printing of defendants’ exhibit ‘ ‘ E ” in the record on appeal herein and to submit to the Court of Appeals, in lieu thereof, the original of said exhibit granted.


text:
    In the Matter of Arthur R. Hanson et al., Respondents, against Edward Rager, Appellant.
    Submitted January 3, 1956;
    decided January 5, 1956.

      Louis Waldman and Edward Eager, in person, for motion.

      Harry J. Halperin and Israel A. Stein opposed.
   Motion dismissed, with $10 costs and necessary printing disbursements, upon the ground that the orders sought to be appealed from do not finally determine the proceeding within the meaning of the Constitution.


text:
    Rosa Hodge et al., Appellants, v. Niagara Falls Gazette Publishing Company, Respondent.
    Submitted January 3, 1956;
    decided January 5, 1956.
   Motion for leave to prosecute appeal as poor persons and for assignment of counsel granted and Findlay, Argy & Hackett, Niagara Falls, New York, assigned as counsel to appellants on the appeal herein.


text:
    In the Matter of the Accounting of Arthur V. Jennings, as Coadministrator of the Estate of Walter F. Jennings, Deceased, Respondent. Josephine Jennings et al., Appellants.
    Submitted January 3, 1956;
    decided January 5, 1956.
   Motion for an order extending time of appellants to serve and file the record on appeal and their brief herein and adjourning the argument of appeal granted and case set down for argument during the February, 1956, session of the Court of Appeals; the record on appeal to be served and filed by January 9, 1956, and appellants’ brief, if any, to be served and filed by January 16, 1956.


text:
    The People of the State of New York, Respondent, v. Frank Bonino, Appellant.
    Submitted October 3, 1955;
    decided January 5, 1956.
   Motion to amend remittitur, for reargument of appeal and for reversal of the conviction granted to the extent that a reargument of the appeal is ordered and case set down for argument during the February, 1956, session of the Court of Appeals. [See 291 N. Y. 541.]


text:
    The People of the State of New York, Respondent, v. Vito Di Stefano, Appellant.
    Submitted January 3, 1956;
    decided January 5, 1956.
   Motion for enlargement of time granted and case set down for argument during the February, 1956, session of the Court of Appeals.


text:
    The People of the State of New York, Respondent, v. Nicholas Manfredi, Appellant.
    Submitted January 3, 1956;
    decided January 5, 1956.
   Motion for further enlargement of time granted and case set down for argument during the February, 1956, session of the Court of Appeals.


text:
    The People of the State of New York, Respondent, v. Joseph Natturno, True Name Joseph Francis Notturno, Appellant.
    Submitted January 3, 1956;
    decided January 5, 1956.
   Motion to have appeal heard upon twelve copies of the record before the Appellate Division and printed additional papers granted.


text:
    The People of the State of New York, Respondent, v. Sebastian Orcinoli, Otherwise Known as Charles Otto, Appellant.
    Submitted January 3, 1956;
    decided January 5, 1956.
   Motion for leave to have appeal heard upon the original record and typewritten briefs granted.


text:
    The People of the State of New York, Plaintiff-Appellant, and Irving Langmuir et al., Plaintiffs-Intervenors-Appellants, v. System Properties, Inc., et al. Trustees of Dartmouth College et al., Defendants-Appellants, and County of Warren et al., Defendants-Respondents.
    Submitted January 3, 1956;
    decided January 5, 1956.
   Motion by plaintiffs-intervenors-appellants to have appeal heard upon one copy of the record before the Appellate Division granted.


text:
    In the Matter of the Probate of the Will of Samuel Richardson, Deceased. Alma Gladden, Appellant; Martin Sobin et al., as Executors of Samuel Richardson, Deceased, Respondents.
    Submitted November 14, 1955;
    decided January 5, 1956.

      Leon Savage and David C. Lewis for motion.

      Margaret Karlin opposed.
   Motion dismissed upon the ground that the order sought to be appealed from does not finally determine the proceeding within the meaning of the Constitution.


text:
    William L. Webb, Appellant, v. State of New York, Respondent.
    (Claim No. 31734.)
    Submitted January 3, 1956;
    decided January 5, 1956.
   Motion for leave to prosecute appeal as poor person and for assignment of counsel granted and David G-. Fellows, Esq., and James J. Barrett, Esq., 500 University Building, Syracuse, New York, assigned as counsel to appellant on the appeal herein.


text:
    Miriam B. Rosenfield, Respondent, v. Edward M. Rosenfield, Appellant. Miriam B. Rosenfield, Respondent-Appellant, v. Edward M. Rosenfield, Appellant-Respondent.
    Submitted January 3, 1956;
    decided January 5, 1956.
   Motion by plaintiff’s counsel for an order deferring the time for the exchange of briefs between defendant and plaintiff in the above-entitled appeals granted to the extent that the briefs are directed to be served within two days from the date of this order.

Motion by plaintiff for an adjournment of argument and for an extension of time to serve and file briefs denied. [See 309 N. Y. 807; 309 N. Y. 863; 309 N. Y. 915.]


text:
    Patrick E. Stanton, an Infant, by Beatrice Stanton, His Guardian ad Litem, et al., Respondents, v. Tami Ami Realty Company, Inc., et al., Appellants.
    Argued October 13, 1955;
    decided January 12, 1956.

      Frank J. Horan and Thomas H. Bivin for appellants.

      Hyman B. Friedman, George W. Loomer and Samuel Justin Jackman for respondents.
   Per Curiam.

On the record before us, there is no doubt that plaintiff was a trespasser as matter of law, rather than a licensee, insofar as the operation of the elevator was concerned. (See Carbone v. Mackchil Realty Corp., 296 N. Y. 154; Sanders v. Favorable Realty Corp., 290 N. Y. 591; Zaia v. Latex Realty Corp., 287 N. Y. 689; Mendelowitz v. Neisner, 258 N. Y. 181.) And it is equally plain that the record is devoid of any proof sufficient to warrant a finding that defendant breached a duty owed a trespasser. (See, e.g., Carbone v. Mackchil Realty Corp., supra, 296 N. Y. 154, 158-159; Vaughan v. Transit Develoyment Co., 222 N. Y. 79; Barry v. New York Central & H. R. R. R. Co., 92 N. Y. 289, 293.) If that were all there was to this case, then, the judgment would have to be reversed and the complaint dismissed. However, there is more.

Plaintiff endeavored, as we read the record, to introduce testimony to demonstrate that there was a practice of permitting third persons to operate and use the elevator by themselves, in the absence of any employee of defendant. Exclusion of that testimony constituted error, requiring a new trial, for, if evidence had been adduced tending to show that there had been extensive and notorious operation of the elevator by tenants and others visiting the premises and that defendant owner had acquiesced in and permitted such user without demur, a basis would have existed for a finding by the jury that plaintiff was a licensee rather than a trespasser. (Cf. Mayer v. Temple Properties, 307 N. Y. 559, 561 et seq.; Antonio v. Long Is. R. R. Co., 290 N. Y. 718; Byrne v. New York Central & H. R. R. R. Co., 104 N. Y. 362, 366.)

The judgment of the Appellate Division should be reversed and a new trial granted, with costs to abide the event.

Conway, Ch. J., Desmond, Fuld, Fboessel, Van Voobhis and Burke, JJ., concur; Dye, J., taking no part.

Judgment reversed, etc.


text:
    In the Matter of Jacob Grumet, Fire Commissioner, as Trustee of the Volunteer Firemen’s Benevolent Fund, Respondent, against Robert W. Goodbody et al., Respondents, and Henry Butecke, as Trustee of the Exempt Firemen’s Benevolent Fund of the County of Kings, Appellant.
    Argued October 19, 1955;
    decided January 12, 1956.

      Edward D. Re and Fred G. Moritt for appellant.

      Peter Campbell Brown, Corporation Counsel (Morgan N. Lipton and Seymour B. Quel of counsel), for respondent.
   Order affirmed, without costs; no opinion.

Concur: Conway, Ch. J., Desmond, Fuld, Fboessbl and Van Yoobhis, JJ. Talcing no part: Dye and Bubke, JJ.


text:
    In the Matter of the Claim of Morris L. Lesnik, Appellant, against National Carloading Corporation et al., Respondents. Workmen’s Compensation Board, Respondent.
    Argued November 15, 1955;
    decided January 12, 1956.

      Peter Keber for appellant.

      Morgan F. Bisselle and Warren C. Tucker for National Car-loading Corporation and another, respondents.
   Order affirmed, with costs; no opinion.

Concur: Conway, Ch. J., Desmond, Fttld, Feoessel, Van Vooehis and Bueke, JJ. Taking no part: Dye, J.


text:
    Premier Knitting Co., Inc., Respondent, v. George Raptis Yarns, Inc., Appellant.
    Argued November 21, 1955;
    decided January 12, 1956.

      Saul I. Radin for appellant.

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

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


text:
    In the Matter of the Claim of Arlene C. Zaepfel, Respondent, against E. I. du Pont de Nemours & Company, Incorporated, Appellant, and Buffalo Stainless Casting Corporation et al., Respondents. Workmen’s Compensation Board, Respondent.
    Argued October 13, 1955;
    decided January 12, 1956.

      Edward L. Robinson, Jr., Abel Klaw, William M. Fay, Solon J. Stone and William A. Bain, Jr., for appellant.

      Jacob K. Javits, Attorney-General (Daniel PolansTcy, James O. Moore, Jr., and Roy Wiedersum of counsel), for Workmen’s Compensation Board, respondent.

      George J. Hayes, Bernard Katsen and Victor Fiddler for Buffalo Stainless Casting Corporation and others, respondents.
   Order affirmed, with costs; no opinion.

Concur: Conway, Ch. J., Desmond, Fund and Burke, JJ. Froessel and Van Voorhis, JJ., dissent and vote to reverse upon the ground that there is no substantial evidence indicating that the death of claimant’s husband was caused by his employment with E. I. du Pont de Nemours & Company, Incorporated. Taking no part: Dye, J.


text:
    Anita Cherkes, an Infant, by Frances Cherkes, Her Guardian ad Litem, et al., Appellants, v. Postal Life Insurance Company, Respondent.
    Argued November 21, 1955;
    decided January 12, 1956.

      Leonard M. Mandel and Elliot B. Paley for appellants.

      Orrin G. Judd and James F. Cahill for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Mary Cassidy, Respondent, v. Celia Cassidy, Appellant, et al., Defendant.
    Submitted January 3, 1956;
    decided January 12, 1956.
   Motion for reargument and to amend the remittitur denied, with $10 costs. [See 309 N. Y. 332.]


text:
    Louis Crescenzo et al., Appellants, v. Joseph Rubinow et al., Respondents.
    Submitted January 3, 1956;
    decided January 12, 1956.
   Motion to dismiss appeal denied upon the ground that rules I and VI of the Rules of the Court of Appeals prescribe the proper remedy.


text:
    George P. Ebbe, Plaintiff-Respondent, v. Harry M. Stevens, Inc., Defendant-Respondent and New York Yankees, Inc., et al., Defendants-Appellants, and Allied Maintenance Corp., Defendant-Respondent.
    Submitted January 9, 1956;
    decided January 12, 1956.

      Irving Payson Zinbarg and Alan J. Berlan for motion.

      William F. McNulty opposed.
   Motion denied, with $10 costs of motion. (Nieman-Irving & Co. v. Lazenby, 262 N. Y. 519; Dittman v. Davis, 298 N. Y. 790, 791.)


text:
    Englander Company, Inc., a Delaware Corporation, Respondent, v. Sol Tishler, Individually and as President of Bedding, Curtain & Drapery Workers Union, Local 140, C.I.O., et al., Appellants.
    Submitted January 9, 1956;
    decided January 12, 1956.

      Victor Rabinowitg for motion.

      James P. Durante opposed.
   Motion for leave to appeal dismissed, with $10 costs, upon the ground that the order sought to be appealed from does not finally determine the matter within the meaning of the Constitution.


text:
    Richard Jewtraw, Respondent-Appellant, v. Hartford Accident & Indemnity Company, Appellant-Respondent.
    Submitted November 14, 1955;
    decided January 12, 1956.

      Clifford W. McCormich for plaintiff.

      Bruce R. Sullivan for defendant.
   Motion to dismiss plaintiff’s cross appeal granted and cross appeal dismissed.

Cross motion to dismiss a portion of defendant’s appeal granted to the extent of striking from defendant’s notice of appeal all reference to the order of reversal entered June 28, 1954, upon the ground that it does not necessarily affect the final judgment appealed from within the meaning of section 580 of the Civil Practice Act.


text:
    In the Matter of Sadie Gurland, Appellant, against Nathan Beckenstein, as Director of Brooklyn State Hospital, Respondent.
    Submitted January 3, 1956;
    decided January 12, 1956.

      Herbert L. Levy and Abraham Sher for appellant.

      Jacob K. Javits, Attorney-General (Abe Wagman of counsel), for respondent.
   Motion for leave to have appeal heard upon the original record and seven typewritten briefs denied.

Cross motion to dismiss appeal granted and appeal dismissed upon the ground that an appeal does not lie as of right to the Court of Appeals under subdivision 4 of section 588 of the Civil Practice Act.


text:
    Isidore Miller, Appellant, v. Discount Factors, Inc., Respondent; David Lippel, Respondent, et al., Defendants. (Consolidated Actions.)
    Submitted January 3, 1956;
    decided January 12, 1956.
   Motion to dismiss appeal denied and case set down for argument during the first week of the February, 1956, session of the Court of Appeals.


text:
    The People of the State of New York, Respondent, v. Salvatore D'Aula, Appellant.
    Submitted January 3, 1956;
    decided January 12, 1956.
   Motion to have appeal heard upon the original record and typewritten briefs, for enlargement of time and for assignment of counsel, granted and case set down for argument during the March, 1956, session of the Court of Appeals, and C. Benn Forsyth, Esq., 65 Broad Street, Rochester, New York, assigned as counsel to defendant on the appeal herein.


text:
    The People of the State of New York, Appellant, v. Charles Duell, Respondent.
    Submitted January 3, 1956;
    decided January 12, 1956.
   Motion for assignment of counsel granted and John F. Burke, Esq., 31 Exchange Street, Rochester, New York, assigned as counsel to defendant on the appeal herein.


text:
    Patricia W. Vanderbilt, Respondent, v. Cornelius Vanderbilt, Jr., Appellant, et al., Respondent.
    Submitted January 10, 1956;
    decided January 12, 1956.

      Sol A. Rosenblatt for motion.
   Motion granted, upon consent, and upon the conditions set forth in the temporary stay granted January 7, 1956.


text:
    In the Matter of the Arbitration between Maurice Teschner, Appellant, and David Livingston, as President of District 65, Retail, Wholesale, Department Store Union, C. I. O., et al., Respondents.
    Argued November 21, 1955;
    decided January 13, 1956.

      Murray I. Sommer for appellant.

      Irving Rosen and Milton G. Weisman for respondents.
   Order affirmed, with costs; no opinion.

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


text:
    The People of the State of New York, Respondent, v. Gerard J. Brinkman, Appellant.
    Argued November 17, 1955;
    decided January 13, 1956.

      Henry W. Schober for appellant.

      T. Vincent Quinn, District Attorney (Benj. J. Jacobson, J. Wolfe Chassen and Frank J. Crisona of counsel), for respondent.
   Per Curiam.

At least twelve of the Grand Jurors, who voted to indict, heard all essential and critical evidence including the testimony of the defendant. Based on such evidence the Grand Jury was privileged to return an indictment, since it was sufficient if unexplained or uncontradicted to warrant a conviction by a trial jury (Code Crim. Pro., § 258). The only testimony not heard by at least twelve of the jurors was of an incriminating nature but was not necessary to the finding of the indictment as it was merely repetitious.

The order should be affirmed.

Conway, Ch. J., Desmond, Fuld, Fboessel, Van Vooehis and Burke, JJ., concur; Dye, J., taking no part.

Order affirmed.


text:
    Douglas Ripley et al., Respondents, v. Douglas F. Storer et al., Appellants, et al., Defendant.
    Submitted October 17, 1955;
    decided January 13, 1956.
   The appeal having been decided, the motion to vacate a stay heretofore issued by the Court of Appeals on July 8, 1955, or, in the alternative, to modify certain conditions thereof is denied. [See 309 N. Y. 769.]


text:
    The People of the State of New York, Respondent, v. Frank J. Newman, Appellant.
    Submitted January 9, 1956;
    decided January 13, 1956.
   Application for assignment of counsel granted and John McKim Minton, Esq., of New York, New York, and Joseph Lonardo, Esq., of Long Island City, New York, assigned as counsel to defendant on the appeal herein.


text:
    The People of the State of New York, Appellant, v. Leroy Louis and Henry Thomas, Respondents.
    Submitted February 6, 1956;
    decided February 7, 1956.
   Application by Joseph Cohen to withdraw as co-counsel to defendant Leroy Louis on the appeal herein granted.


text:
    The People of the State of New York, Respondent, v. Nicholas Manfredi, Appellant.
    Submitted February 6, 1956;
    decided February 7, 1956.
   Motion for further enlargement of time granted and case set down for argument during the March, 1956, session of the Court of Appeals. [See 309 N. Y. 951.]


text:
    The People of the State of New York, Respondent, v. Joseph Natturno, True Name Joseph Francis Notturno, Appellant.
    Submitted February 6, 1956;
    decided February 7, 1956.
   Motion for enlargement of time granted and case set down for argument during the April, 1956, session of the Court of Appeals.


text:
    The People of the State of New York, Respondent, v. 960 Park Avenue Corporation, Appellant.
    Submitted February 6, 1956;
    decided February 7, 1956.
   Motion for enlargement of time granted to the extent that the case is set down for argument during the March, 1956, session of the Court of Appeals.


text:
    The People of the State of New York, Appellant, v. Sidney Schaffel and Samuel Tornese, Respondents.
    Submitted February 6, 1956;
    decided February 7, 1956.
   Motion for enlargement of time granted and case set down for argument during the March, 1956, session of the Court of Appeals.


text:
    Orazio G. Panzica et al., Appellants, v. August J. Galasso et al., Respondents.
    Argued January 3, 1956;
    decided February 9, 1956.

      John 8. Ryan for appellants.

      Clayton M. Smith and Jerome H. Raynor for respondents.
   Judgment affirmed, with costs; no opinion.

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


text:
    The People of the State of New York, Appellant, v. John Formato, James Morello, Pasquale Lepore and Hugo Torre, Respondents.
    Argued January 4, 1956;
    decided February 9, 1956.

      Harry Margolis, District Attorney {Louis M. Greenblott of counsel), for appellant.

      Remo A. Allio for John Formato and Hugo Torre, respondents.

      A. Jack Rappaport for James Morello and Pasquale Lepore, respondents.
   Order affirmed; no opinion.

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


text:
    In the Matter of the Probate of the Will of Arthur J. Beatty, Deceased. George A. Beatty, Respondent; Eileen B. Westfield, Appellant.
    Argued January 9, 1956;
    decided February 9, 1956.

      Thomas H. McManus for appellant.

      Thomas Grimes and Frederick A. Keck for respondent.
   Order affirmed, with costs to respondent payable out of the estate; no opinion.

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


text:
    In the Matter of the Accounting of Ralph Asker, as Committee of the Person and Estate of Leonard Asker, an Incompetent Person, Appellant. Department of Mental Hygiene of the State of New York, Respondent. [Chautauqua National Bank of Jamestown, Substituted Appellant.]
    Argued January 13, 1956;
    decided February 9, 1956.

      Walter H. Edson for appellant and substituted appellant.

      Jacob K. Javits, Attorney-General (Margaret D. Easel, James 0. Moore, Jr., and E. David Wiley of counsel), for respondent.
   Order affirmed; no opinion.

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


text:
    Miriam B. Rosenfield, Respondent-Appellant, v. Edward M. Rosenfield, Appellant-Respondent. Charles R. Barrett, Respondent.
    Argued January 11, 1956;
    decided February 9, 1956.

      Edward L. Blackman and Morton M. Bass for plaintiff.

      Mitchell Salem Fisher, Mendel Zucker and Sol Deutsch for defendant.

      Charles R. Barrett respondent in person.
   Judgments affirmed; no opinion.

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


text:
    Charles Soechtig, Appellant, v. Walter P. Amick et al., Individually and as Copartners Doing Business as Eastern Steam Specialty Company and Automatic Control Company, Respondents.
    Argued January 3, 1956;
    decided February 9, 1956.

      Hilton M. Soba and Herbert Edelherts for appellant.

      Cuthbert B. Catón for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Coxway, Ch. J., Desmoxd, Ftjld, Froessel, VA$r Voorhis and Burke, JJ. Taking no part: Dye, J.


text:
    Frank J. Butler, Appellant, v. D. M. W. Contracting Co., Inc., et al., Respondents.
    Argued January 12, 1956;
    decided February 9, 1956.

      Benjamin H. Siff and I. Philip Sipser for appellant.

      John Nielsen and John P. Smith for D. M. W. Contracting Co., Inc., respondent.

      Peter Campbell Brown, Corporation Counsel (John A. Murray and Seymour B. Quel of counsel), for Triborough Bridge and Tunnel Authority, respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of Edward Dougherty et al., Appellants, against State Harness Racing Commission et al., Respondents.
    Argued November 30, 1955;
    decided February 9, 1956.

      Sidney 0. Raphael, Ralph F. Kane, William Levin and Thomas J. Rums for appellants.

      Jacob K. Javits, Attorney-General (Samuel A. Uirshowitz and James 0. Moore, Jr., of counsel), for respondents.
   Order affirmed, with costs; no opinion.

Concur: Coxway, Ch. J., Fuld, Feoessel, Yax Yooehis and Bubke, JJ. Taking no part: Desmoxd and Dye, JJ.


text:
    In the Matter of the Construction of the Will of Asher B. Hallock, Deceased. Fred A. Giloth, as Executor of Florence Y. Giloth, Deceased, Respondent; Frank D. Hallock, Appellant.
    Argued January 3, 1956;
    decided February 9, 1956.

      Pierre G. Lundberg, Syrena H. Stackpole and Reginald C. Smith for appellant.

      David H. Gilmartin and James R. Caruso for respondent.
   Decree affirmed, with costs to both parties payable out of the estate. No opinion.

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


text:
    Henry-Clark Holding Corp., Appellant, v. Jackline Realty Corp., Respondent.
    Argued January 5, 1956;
    decided February 9, 1956.

      Raphael H. Weissman and Charles H. Fier for appellant.

      Percival E. Jackson, Theodore N. Tarlau and Milton Loewe for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Roslyn Meistinsky, as Administratrix of the Estate of Jack Meistinsky, Deceased, Respondent, v. City of New York, Appellant.
    Argued January 4, 1956;
    decided February 9, 1956.

      Peter Campbell Brown, Corporation Counsel (Fred Iscol and Seymour B. Quel of counsel), for appellant.

      Arthur N. Seiff and Benjamin H. Siff for respondent.
   Order affirmed and judgment absolute ordered against appellant upon the stipulation, with costs in all courts; no opinion.

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


text:
    Noorollah Bakhshandeh, Appellant, v. American Cyanamid Company, Respondent.
    Submitted February 6, 1956;
    decided February 9, 1956.
   Motion for extension of time granted and appellant directed to serve and file his brief, if any, by February 25, 1956, and case set down for argument during the March, 1956, session of the Court of Appeals.


text:
    John D. Bright, as Receiver of the Property of Frederick W. Seward, Respondent, v. Goshen Sanitarium Company, Appellant.
    Submitted February 6, 1956;
    decided February 9, 1956.

      John D. Bright for motion.
    No one opposed.
   Motion granted and appeal dismissed, with costs and $10 costs of motion, upon the ground that the judgment sought to be appealed from does not finally determine the action within the meaning of the Constitution.


text:
    Frances M. Bullock, Appellant, v. Frances M. B. Hartburg, Respondent.
    Submitted February 6, 1956;
    decided February 9, 1956.
   Motion to dismiss appeal granted and appeal dismissed, with costs and $10 costs of motion, unless within ten days from the date of this order, appellant serves and files the required undertaking on appeal and pays $10 costs and, within twenty days, files the return on appeal, in which events motion denied (Vojda v. Prizep, 304 N. Y. 978).


text:
    Sol Ellman et al., Respondents, v. A. Irving Isaacson et al., Appellants.
    Submitted February 6, 1956;
    decided February 9, 1956.

      Selig Kaplan for motion.

      Jac M. Wolff opposed.
   Motion dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution.


text:
    In the Matter of the Accounting of Edward Q. Carr et al., as Coexecutors of John T. Bishop, Deceased, Respondents. Paul E. Lord et al., Practicing under the Name of Lord & Huntington, Appellants.
    Submitted February 6, 1956;
    decided February 9, 1956.
   Motion for an extension of time to serve and file the record on appeal herein and to have the appeal heard upon available copies of the record before the Appellate Division, together with the original exhibits and typewritten copies of additional papers of the proceedings in the Appellate Division referred to in the notice of appeal, granted upon the condition that these papers and the brief for appellants be served and filed within fifteen days from the date of this order.


text:
    In the Matter of the City of New York, Respondent, Relative to Acquiring Title to Real Property, Bounded by West 100th Street, and Other Streets, in the Borough of Manhattan, Required for a Project known as West Park (Manhattan Town) Slum Clearance Project. Jafs Realty Corporation et al., Claimants; A. & W. Realty Corp. et al., Appellants.
    Submitted February 6, 1956;
    decided February 9, 1956.
   Motion for adjournment of the argument of the appeal until the May session of the Court of Appeals granted to the extent that the appeal is set down for argument during the March, 1956, session, with leave to claimants-appellants to serve and file their briefs, if any, by March 2, 1956, and to the City of New York to serve and file its brief, if any, by March 9, 1956.


text:
    In the Matter of the Arbitration between Barnett Hollander, Appellant, and Edgar J. Bernheimer et al., Respondents.
    Submitted February 6, 1956;
    decided February 9, 1956.

      Sidney J. Schwarts for motion.

      Samuel Gottlieb and Harry Giesow opposed.
   Motion dismissed, with $10 costs and necessary printing disbursements, upon the ground that the order sought to be appealed from does not finally determine a special proceeding within the meaning of the Constitution.


text:
    In the Matter of Julius Marcus, Appellant, against Lazarus Joseph, as Comptroller of the City of New York, Respondent.
    Submitted February 6, 1956;
    decided February 9, 1956.
   Application to further amend the remittitur granted as follows : Order affirmed, without costs. We have no power to review the allowance of costs in the Appellate Division, which is wholly discretionary with it (Civ. Prac. Act, § 1492). The matter is accordingly remitted solely with respect to the allowance or disallowance of costs in that court. [See 305 N. Y. 813, 923.]


text:
    Noel Holding Corporation et al., Appellants, v. Carvel DariFreeze Stores, Inc., Respondent.
    Submitted February 6, 1956;
    decided February 9, 1956.

      Walter G. Lundgren for motion.

      Milton Kunen and Robert K. Lifton opposed.
   Motion dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution.


text:
    The People of the State of New York, Respondent, v. Amedo John Marchitelli, Also Known as John March, Appellant.
    Submitted February 6, 1956;
    decided February 9, 1956.

      Frank D. O’Connor, District Attorney (Stephen J. Masse of counsel), for motion.
    No one opposed.
   Motion granted and appeal dismissed.


text:
    The People of the State of New York, Respondent, v. James Mason, Jr., Appellant.
    Submitted January 3, 1956;
    decided February 9, 1956.
   Motion for reargument denied. [See 245 N. Y. 617.]


text:
    Arthur Werking, Appellant, v. Amity Estates, Inc., et al., Respondents. Board of Supervisors of Greene County, Respondent.
    Submitted January 9, 1956;
    decided February 9, 1956.
   Motion for stay granted.


text:
    Francisca G. Dajkovich, Respondent, v. Hotel WaldorfAstoria Corporation, Appellant.
    Argued January 5, 1956;
    decided February 16, 1956.

      John F. X. Finn, William 8. O’Connor, John H. Sherry, Archie B. Morrison and Robert A. Dwyer for appellant.

      Charles W. Merritt and Gerard A. Navagh for New York State Hotel Association, Inc., amicus curios, in support of appellant’s position.

      Frederick P. Bryan, Nicholas B. Doman and Philip J. Wessel for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Agnes T. Condon, Respondent, v. Board of Higher Education of the City of New York, Appellant.
    Argued January 5, 1956;
    decided February 16, 1956.

      Peter Campbell Broton, Corporation Counsel (Edward J. McLaughlin, Seymour B. Quel and Louis J. Montelione of counsel), for appellant.

      A. Mark Levien for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of the State Insurance Fund, Respondent, against William E. Boyland et al., Constituting the Tax Commission of the City of New York, et al., Appellants. [195-199 Church Street, Borough of Manhattan.]
    Argued January 13, 1956;
    decided February 16, 1956.

      Peter Campbell Brown, Corporation Counsel (James J. McGowan and Morris Handel of counsel), for appellants.

      Monroe Goldwater, Bernard Katsen, James L. Goldwater and Anne Gross for respondent.
   Order affirmed; no opinion.

Concur: Conwat, Ch. J., Desmond, Fuld, Froessbl and Van Voorhis, JJ. Taking no part:. Dye and Burke, JJ.


text:
    In the Matter of the Estate of John E. Wilson, Deceased. Frederick E. Wilson, as Executor of John E. Wilson, Deceased, Respondent; George S. Ludwig et al., Appellants.
    Argued January 4, 1956;
    decided February 16, 1956.

      Thomas L. Kelly for appellants.

      John F. Nugent and John W. Ellis for respondent.
   Per Curiam.

In this discovery proceeding brought pursuant to sections 205 and 206 of the Surrogate’s Court Act, appellants appeal, according to their notice of appeal, by leave of the Appellate Division, Fourth Department, from a unanimous order of that court which reversed an amended decree of the Surrogate’s Court of Cattaraugus County “ discharging ” appellants and dismissed the proceeding upon the ground that the Surrogate’s Court lacked jurisdiction in a discovery proceeding to determine the issues submitted.

The appellants, although successful in the Appellate Division, lost something of considerable value by that court’s reversal and dismissal of the proceeding in that they are now deprived of the lower court determination in their favor on the merits and so we hold that they are parties “ aggrieved ” and have standing to appeal, even without an order granting them leave to appeal since the order appealed from is final and there was a reversal in the Appellate Division (Civ. Prac. Act, § 588).

We agree with the Appellate Division that so much of the petition herein as is represented by jury questions Nos. 3 and 8 seeks merely the collection of an alleged debt and so did not raise issues within the Surrogate’s jurisdiction in discovery proceedings (Matter of Trevor, 309 N. Y. 389). In our opinion, however, the issues represented by the jury questions other than Nos. 3 and 8 were within the proper scope of discovery proceedings in the Surrogate’s Court (Matter of Stern, 306 N. Y. 862).

While the Appellate Division order makes no mention of the findings of fact below, but merely states that the reversal here was on the law, we need not remit the matter pursuant to the provisions of sections 602 and 606 of the Civil Practice Act for a consideration of the facts, inasmuch as the order of the Appellate Division incorporates by reference the Per Curiam opinion wherein the Appellate Division declares its position as to the facts as follows: “We are of the opinion that the jury by its verdict rendered proper answers to the questions submitted. We would accordingly affirm the decree appealed from if convinced that the Surrogate’s Court in a discovery proceeding possesses jurisdiction to determine the issues submitted.”

The order of the Appellate Division should be reversed insofar as it dismisses the proceeding with respect to the matters covered by jury questions Nos. 1, 2, 4, 5, 6, 7 and 9, and the amended decree of the Surrogate reinstated with respect thereto ; as so modified, the order of the Appellate Division should be affirmed, with costs.

Conway, Ch. J., Desmond, Fuld, Fboessel, Van Voobhis and Bueke, JJ., concur; Dye, J., taking no part.

Order of Appellate Division modified and, as so modified, affirmed, and matter remitted to the Surrogate’s Court for further proceedings in accordance with the opinion herein, with costs to appellants.


text:
    In the Matter of the Estate of William D. Howe, Deceased. Elizabeth S. Rutherfurd et al., as Executors of William D. Howe, Deceased, Appellants; State Tax Commission, Respondent.
    Argued January 9, 1956;
    decided February 16, 1956.

      Thomas P. Ford, Henry B. Guthrie and Robert L. Glare, Jr., for appellants.

      Mortimer M. Hassell and Miriam Wernick for respondent:
   Order affirmed, with costs payable out of the estate; no opinion.

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


text:
    The People of the State of New York, Respondent, v. Springfield Development Company, Inc., Appellant. The People of the State of New York, Respondent, v. Hill Development Company, Inc., Appellant. The People of the State of New York, Respondent, v. Springfield Development Company, Inc., Appellant. The People of the State of New York, Respondent, v. Hill Development Company, Inc., Appellant. The People of the State of New York, Respondent, v. Charles Rosen, Correct Name Chill Rosenblatt, Appellant. The People of the State of New York, Respondent, v. Marcus Retter, Appellant.
    Argued November 28, 1955;
    decided February 16, 1956.

      Menahem Stim and Allen 8. Stim for appellants.

      T. Vincent Quinn, District Attorney (George J. Regan of counsel), for respondent.
   In each case: Judgment affirmed; no opinion.

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


text:
    American Lumbermens Mutual Casualty Company of Illinois, Appellant, v. Irene E. Cochrane, Also Known as Irene E. Cochrane Sanderson, Respondent.
    Argued January 6, 1956;
    decided February 16, 1956.

      Joseph T. Keller for appellant.

      ■Bernard 8. Meyer and Arthur G. Fink for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    The People of the State of New York, Respondent, v. John D. Cooke and Frederick Schnepf, Appellants.
    Argued November 17, 1955;
    decided February 16, 1956.

      John P. Sweeny for appellants.

      Prank S. Hogan, District Attorney (Harold Boland Shapiro of counsel), for respondent.
   Judgment affirmed; no opinion.

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


text:
    The People of the State of New York, Respondent, v. Ernest Lee Edwards, Appellant.
    Argued November 22, 1955;
    decided February 16, 1956.

      Karris B. Steinberg, Abraham K. BrodsJcy, Manuel J. Stein-berg and Richard A. Green for appellant.

      Edward S. Silver, District Attorney (William I. Siegel of counsel), for respondent.
   Judgment of conviction affirmed; no opinion.

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


text:
    Rebecca Aminoff, Appellant, v. Ralph Aminoff, Respondent.
    Submitted February 6, 1956;
    decided February 16, 1956.

      Joseph J. Lombardo, Francis M. Verrilli and Samuel Saline for motion.

      David W. Kahn opposed.
   Motion dismissed; with $10 costs and necessary printing disbursements, upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution.


text:
    Rebecca Aminoff, Appellant, v. Ralph Aminoff et al., Respondents.
    Submitted February 6, 1956;
    decided February 16, 1956.

      Joseph J. Lombardo, Francis M. Verrilli and Samuel Saline for motion.

      David W. Kahn opposed.
   Motion dismissed, with $10 costs and necessary printing disbursements, upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution.


text:
    Julius E. Foster, Appellant, v. Louis W. Parker et al., Respondents. (Action No. 1.) Julius E. Foster, Appellant, v. Louis W. Parker, Respondent. (Action No. 2.)
    Submitted February 6, 1956;
    decided February 16, 1956.

      .John F. X. Finn and Norman C. Mendes for motion.

      Philip Handelman opposed.
   Motion denied.


text:
    Mildred A. Fotch, Appellant, v. Adolphus Y. Zollinger et al., Doing Business under the Name of Zollinger Trailer Company, Respondents, et al., Defendant. Walter G. Fotch, Appellant, v. Adolphus Y. Zollinger et al., Doing Business under the Name of Zollinger Trailer Company, Respondents, et al., Defendant.
    Submitted February 6, 1956;
    decided February 16, 1956.

      Burlew Hill and Arthur VD. Chamberlain for motion.

      Lamb, Webster & Jordan opposed.
   Motion dismissed, with $10 costs and necessary printing disbursements, upon the ground that the order sought to be appealed from does not finally determine the actions within the meaning of the Constitution.


text:
    In the Matter of Harold E. Ryan, Appellant, against James R. Macduff, as Commissioner of Motor Vehicles of the State of New York, Respondent.
    Submitted January 3, 1956;
    decided February 16, 1956.

      Jacob K. Javits, Attorney-General (Philip J. Fitzgerald of counsel), for motion to dismiss appeal.

      Thomas A. Robinson for motion for leave to appeal.
   Motion to dismiss appeal taken as of right granted and appeal dismissed.

Motion for leave to appeal denied.


text:
    In the Matter of John Sincerbeaux, Appellant, against Frank T. Hanlon, as Commissioner of Public Safety of the City of White Plains, Respondent.
    Submitted February 6, 1956;
    decided February 16, 1956.
   Motion to resettle order of the Court of Appeals dated January 12, 1956, denied. [See 306 N. Y. 986; 309 N. Y. 1034.]


text:
    Joseph Noce et al., as Copartners under the Firm Name of Noce Bros., Appellants, v. Ephraim J. Kaufman et al., Respondents, et al., Defendant.
    Submitted February 13, 1956;
    decided February 16, 1956.

      William, MacFarlane and Nathan H. Bichman for motion.
    No one opposed.
   Motion granted and appeal dismissed, with costs and $10 costs of motion unless, within ten days from the date of this order, plaintiffs-appellants serve and file a sufficient undertaking on appeal and pay $10 costs, in which events motion denied. In all other respects, motion denied.


text:
    The People of the State of New York, Respondent, v. Michael Conforti, Appellant.
    Submitted February 13, 1956;
    decided February 16, 1956.
   Motion to amend remittitur denied. [See 309 N. Y. 923.]


text:
    The People of the State of New York, Respondent, v. Frank J. Newman, Appellant.
    Submitted February 13, 1956;
    decided February 16, 1956.
   Motion for enlargement of time granted and case set down for argument during the April, 1956, session of the Court of Appeals.


text:
    The People of the State of New York ex rel. Harold R. Miller, Appellant, against Walter B. Martin, as Warden of Attica Prison, Respondent.
    Submitted February 6, 1956;
    decided February 16, 1956.
   Motion to have appeal heard upon the original record and for assignment of counsel granted and Hayden H. Dadd, Esq., Main Street, Attica, New York, assigned as counsel to relator on the appeal herein.


text:
    Anna K. Toomey et al., Respondents, v. James J. Farley et al., Appellants, et al., Defendants.
    Submitted February 6, 1956;
    decided February 16, 1956.
   Motion to have appeal heard upon six copies of the record before the Appellate Division and printed additional papers granted.


text:
    Ratko Vulovich et al., Appellants, v. Stephen P. Baich, Respondent, et al., Defendant.
    Argued February 6, 1956;
    decided February 16, 1956.
   Motion to dismiss appeal granted and appeal dismissed, with costs and $10 costs of motion unless, within fifteen days from the date of this order, appellants serve and file the record on appeal and pay $10 costs, in which events motion denied and case set down for argument during the March, 1956, session of the Court of Appeals.