text:
    In the Matter of the Accounting of Arthur Smadbeck, as Surviving Executor of August Heckscher, Deceased, Respondent. Frieda Hempel, Appellant; George F. Thompson, as Executor of Virginia H. C. Heckscher, Deceased, Respondent.
    Argued October 14, 1947;
    decided November 13, 1947.

      Joseph G. Blum and George M. Ssab ad for appellant.

      Julius Weiss and Horace N.* Taylor for Arthur Smadbeck, respondent.

      George F. Thompson, respondent in person.
   Order, so far as appealed from, affirmed, with costs. No opinion.

Concur: Loughean, Ch. J., Lewis, Conway, Desmond, Thaoheb, Dye and Ftjld, JJ„


source: Caselaw Access Project

license: Public Domain

text:
    Olivet Johnson, Appellant, v. Metropolitan Life Insurance Company, Respondent.
    Argued October 8, 1947;
    decided November 13, 1947.

      Jacob W. Friedman and Murray T. Feiden for appellant.

      Rowland H. Long for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of the Probate of the Will of Isabella Wharton, Deceased. James F. Egan, as Public Administrator of New York County, et al., Appellants; Edmund O. Austin et al., Respondents.
    Argued October 9, 1947;
    decided November 13, 1947.

      Joseph T. Arenson and Joseph A. Cox for Public Administrator of New York County, appellant.

      Isadore I. Steinberg, appellant, special guardian, in person.

      ■Arnold J. Broclt and William P. Balaban for Edmund 0. Austin, respondent.
   Order 'affirmed, with'costs to each party appearing separately and filing a brief payable out of the estate; no opinion.

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


text:
    Nellie A. Tufts, Doing Business as E. M. Tufts Canning Co., Appellant, v. H. V. Stolz, Doing Business as the Williamson Canning Co., Respondent.
    Argued October 10, 1947;
    decided November 13, 1947.

      Myron Wisoff, Lester M. Bosenbloom and Joe Schapiro for appellant.

      John W. Miles and Charles B. Brasser for respondent.
   Judgment reversed, without cost, and the case remitted to the Appellate Division for determination of the questions of fact raised in that court. (See People ex rel. Sheffield Farms Co. v. Lilly, 295 N. Y. 354.) No opinion.

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


text:
    Sterling Carr, as Trustee of the Estate of Nippon Yusen Kaisya, a Corporation, Bankrupt, Appellant, v. Yokohama Specie Bank, Ltd., et al., Respondents.
    Submitted October 15, 1947;
    decided November 13, 1947.

      Samuel Poses and George Chernoff for appellant.

      Edward Feldman, Henry L. Bayles and Daniel Gersen for respondents.
   Judgment affirmed, with costs; no opinibn.

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


text:
    Jacob Friedman, Doing Business under the Name of J. Friedman Company, Appellant and Respondent, v. John A. Johnson & Sons, Inc., Respondent and Appellant.
    Argued October 17, 1947;
    decided November 13, 1947.

      Oren O. Herwits and Max E. Greenberg for respondent and appellant.
   Judgment affirmed, without costs; no opinion.

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


text:
    Malbone Garage, Inc., Respondent, v. Meyer Minkin, Appellant.
    Argued October 7, 1947;
    decided November 13, 1947.

      John P. McGrath and Francis A. McGrath for appellant.

      Malvin T. Davidson for respondent.
   Order affirmed, with costs; no opinion.

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


text:
    In the Matter of Miles F. McDonald, District Attorney of Kings County, Respondent, against Nathan R. Sobel, Individually and as County Judge of Kings County, et al., Appellants, et al., Defendants.
    Argued September 29, 1947;
    decided November 13, 1947.

      Irwin N. Wilpon for appellant.

      Miles F. McDonald, District Attorney (Solomon A. Klein of counsel), for respondent.
   Order affirmed, without costs; no opinion. .

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


text:
    In the Matter of Charles E. Manning, Appellant, against Francis L. Valente, a Judge of the Court of General Sessions of the County of New York, Respondent.
    Argued October 15, 1947;
    decided November 13, 1947.

      Henry Epstein, Leo Kotler and Samuel Lawrence Brennglass for appellant. ,

      Frank S. Hogan, District Attorney (Whitman Knapp, Richard G. Denser, Eugene A. Leiman and Harold Roland Shapiro of counsel), for respondent.
   Order affirmed, without costs; no opinion.

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


text:
    Adeline Steinkohl, as Administratrix of the Estate of Mac M. Steinkohl, Deceased, Respondent, v. Martin Dorsch et al., Copartners under the Firm Name of Armor Elevator Co., et al., Defendants, and Brookman Realty Corporation, Appellant. Marion Wischnie, as Administratrix of the Estate of Alex Wischnie, Deceased, Respondent, v. Martin Dorsch et al., Copartners under the Firm Name of Armor Elevator Co., et al., Defendants, and Brookman Realty Corporation, Appellant.
    Argued October 16, 1947;
    decided November 13, 1947.

      I. Maurice Wormser, Frederick Evan Crane, Andrew F. Van Thun, Jr., Charles Lamb and Martin J. For gang for appellant.

      Louis Niger and Walter 8. Beck for respondents.

      Bernard Kaizen, William H. Stieglits and Harry Schecht'er for impleaded defendant.
   Judgments affirmed, with costs; no opinion.

Concur: Loughban, Ch. J., Lewis, Conway, Desmond, Thaoheb, Dyb and Ftjld, JJ.


text:
    The People of the State of New York ex rel. North Broadway Realty Corporation, Appellant, against Bernard A. Stock, as Assessor of the City of White Plains, et al., Respondents. (3 Proceedings.)
    Argued October 2, 1947;
    decided November 13, 1947.

      Gordon Miller for appellant.

      William R. Gondit, Corporation Counsel (Samuel Faile and John H. Shetron of counsel), for respondents.
   Order and judgment affirmed, with costs; no opinion.

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


text:
    The People of the State of New York ex rel. Vedbel Corporation, Appellant, against William W. Mills et al., Constituting the Tax Commission of the City of New York, Respondents.
    Argued October 8, 1947;
    decided November 13, 1947.

      W. Randolph Montgomery for appellant.

      Charles E. Murphy, Corporation Counsel (Anthony Curreri, William F. Murphy and Morris Handel of counsel), for respondents.
   Order affirmed, with costs; no opinion.

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


text:
    The People of the State of New York, Respondent, v. Doubleday & Company, Inc., Appellant.
    Argued October 15, 1947;
    decided November 13, 1947.

      Whitney North Seymour, George G. Gallants and James F. Dwyer for appellant.

      Frank S. Hogan, District Attorney (Whitman Knapp, Harold Boland Shapiro and Frederick J. Ludwig of counsel), for respondent.
   Judgment affirmed. Upon this appeal there was presented and necessarily passed upon a question under the Constitution of the United States, viz.: The defendant argued.that its conviction violated the right of freedom of speech guaranteed by the Fourteenth Amendment of the Constitution of the United States. This court held that the conviction aforesaid did not violate the right of freedom of speech guaranteed by the Fourteenth Amendment of the Constitution of the United States. No opinion.

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


text:
    Peter A. Urquhart, an Infant, by Teresa Wilson, His Guardian ad Litem, Respondent, v. John A. Urquhart, Appellant, et al., Defendants.
    Argued September 29, 1947;
    decided November 13, 1947.

      Louis F. Huttenlocher for appellant.

      Clifton F. Weidlich for respondent.

      Edward Lasanshy and Horace F. Callaghan for Estelle Señor, amicus curios, in support of respondent’s position.
   Order affirmed, with costs. First and second questions certified answered in the affirmative. Third question certified not answered (as not being necessary). The question whether the second spouse is an indispensable party is not here presented (Civ. Prac. Act, §§ 192, 193), and we do not pass thereon. No opinion.

Concur: Lotjghran, Ch." J., Lewis, Conway, Desmond, Thacher, Dye and Fuld, JJ.


text:
    Harvey Chalmers & Son, Inc., Respondent, v. State of New York, Appellant.
    Argued October 9, 1947;
    decided November 13, 1947.

      Nathaniel L. Goldstein, Attorney-General (Donald C. Glenn, Wendell P. Brown and Arthur W. Mattson of counsel), for appellant.

      Coleman Taylor for respondent.
   Order affirmed, without costs. Question certified answered in the affirmative. No opinion.

Concur: Loughran, Ch. J., Conway, Desmond and Fuld, JJ.; Lewis, Thaoheb and Dye, JJ., dissent upon the ground that the paper filed was not a claim within the meaning of the statute.


text:
    The People of the State of New York ex rel. Gordon Meredith, Respondent, against Elizabeth Meredith et al., Appellants.
    Submitted October 16, 1947;
    decided November 13, 1947.

      Joseph Rosenberg and Maurice Smiley for respondent.

      Nathaniel Ellenbogen for appellant.
   Order affirmed, without costs; no opinion.

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


text:
    United States Fidelity and Guaranty Company, Respondent, v. Triborough Bridge Authority et al., Respondents. United States of America, Intervener, Appellant.
    Submitted November 10, 1947;
    decided November 13, 1947.
   Motion by appellant for reargument denied, with $10 costs and necessary printing disbursements. [See 297 N. Y. 31.]


text:
    In the Matter of the Accounting of Robert M. Gluck et al., as Substituted Trustees under the Will of Joseph Bierhoff, Deceased, Respondents. Hannah N. Bierhoff et al., as Executors of Frederick Bierhoff, Deceased, et al., Appellants; Alan F. Bierhoff et al., Respondents.
    Argued October 16, 1947;
    decided November 20, 1947.

      Max J. Rubin, John T. McNally, Jr., and Frederick Baum for Hannah N. Bierhoff and others, appellants.

      J. George Levy for Ralph J. Sommer, appellant.

      Harrison F. Durand and Howell D. Boyd for Frances Bierhoff, respondent.

      Alfred A. Walter and James L. Walter for Alan F. Bierhoff, respondent.
   Order affirmed, with costs to all parties appearing separately and filing briefs, payable out of the estate; no opinion.

Concur: Loughrah, Oh. J., Lewis, Conway, Desmond, Thacher, Dye and Feed, JJ.


text:
    In the Matter of the Probate of the Will of Raymond S. Sorrentino, Deceased. Maurice S. Fenold et al., as Executors and Trustees Named in Will of Raymond S. Sorrentino, Deceased, et al., Appellants; Anna N. Sorrentino et al., Respondents.
    Argued November 10, 1947;
    decided November 20, 1947.

      George A. Spohr, Jr., Pasquale E. Conforti and Jay-Ehret Mahoney for Maurice S. Fenold and others, appellants.

      William B. O’Connor for Louise C. Sorrentino, appellant.

      Arthur J. W. Hilly for Anna N. Sorrentino, respondent.

      Vincent J. Ferreri, special guardian for Anna E. Sorrentino, respondent.

      Alfred Sarno, special guardian for Mildred Button and others, respondents.
   Order affirmed, with costs to the petitioner Anna N. Sorrentino payable out of the estate. No opinion.

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


text:
    In the Matter of Abraham Kroll, Respondent, against Andrew G. Clausen et al., Constituting the Board of Education of the City of New York, et al., Appellants.
    Argued November 18, 1947;
    decided November 20, 1947.

      Charles E. Murphy, Corporation Counsel (Arthur H. Kahn, Seymour B. Quel and Michael A. Castaldi of counsel), for appellants.

      Albert B. Breslow for respondent.
   Order affirmed, with costs; no opinion.

Concur: Lotjghe.au, Ch. J., Lewis, Conway, Desmond, Thacheb, Dye and Ftjld, JJ.


text:
    In the Matter of the Will of Marie L. Cameron, Deceased. Clarence F. Hussey et al., as Executors of Richard C. Arnold, Deceased, Appellants; Eugenia Willson et al. Respondents and Appellants; F. Cameron Arnold et al., Respondents.
    Argued November 10, 1947;
    decided November 20, 1947.

      A. Wheeler Palmer for executors-appellants.

      Louis W. Arnold, Jr., for Eugenia Willson, respondent-appellant.

      Alexander T. Hussey for Inez Gr. Hussey, respondent-appellant.

      John P. O’Brien for Catholic Charities of the Archdiocese of New York, respondent-appellant.

      Benjamin William Mehlman, Isidore Zamore and Jacob Z. Goodstein for The Actors’ Fund of America, respondentapjDellant.

      William K. Allison and Jackson A. Dykman for F. Cameron Arnold, respondent.

      Irving M. Rosen, special guardian for Frederick Cameron Arnold II, and another, respondents.
   Order affirmed, with costs to the respondents payable out of the estate; no opinion.

Concur: Loughban, Ch. J., Lewis, Conway, Desmond, Thacker, Dye and Ftjlb, JJ.


text:
    Hazel Cauley, as Administratrix of the Estate of Anne Summerville, Deceased, Appellant, v. City of Yonkers, Respondent.
    Argued November 11, 1947;
    decided November 20, 1947.

      Francis P. Brady and William F. Gauley, Jr., for appellant.

      John E. Gallotvay, Jr., Corporation Counsel (John Preston Phillips of counsel), for respondent.
   Judgment affirmed, without costs; no opinion.

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


text:
    The People of the State of New York, Respondent, v. Railway Express Agency, Inc., Appellant. The People of the State of New York, Respondent, v. Charles Gerchario, Emil H. Miller, Charles A. Harrington, Frank Reilly, Howard Broems, Edward Halloran, Thomas McCabe, Milton Mulhare, Jeremiah McCarty, Michael Long, George Bauer, Herman Gripes and John Murray, Appellants.
    Argued October 15, 1947;
    decided November 20, 1947.

      Ralph M. Carson, C. C. Evans, William R. Meagher and Aloysius J. Castellano for appellants.

      Charles E. Murphy, Corporation Counsel (Stanley Buchsbaum and Seymour B. Quel of counsel), for respondent.
   Judgments affirmed; no opinion. [See 297 N. Y. 783.]

Concur: Lewis, Conway, Thacher and Dye, JJ. Dissenting: Lottghran, Ch. J., Desmond and Ftjld, JJ., on the ground that this regulation of the police commissioner, as interpreted to forbid these unobjectionable advertisements on defendants’ trucks, is so entirely unrelated to traffic„ control as to be arbitrary as matter of law.


text:
    Matthias Rothstein, Appellant, v. Barnett Rothstein et al., Copartners Doing Business under the Names of Pepsi-Cola Bottling Company of Wilkes-Barre, Drink Mor Beverage Company and Old Fashion Ma’s Root Beer Bottling Co., Defendants, and Barnett Rothstein, Respondent.
    Argued November 11, 1947;
    decided November 20, 1947.

      Milton M. LeicMer and Julius Wolfson for appellant.

      Osmond K. Fraenlcel, John Schulman and Elias Messing for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of Herman W. Snetlage, Appellant, against John F. O’Connell et al., Individually and as Members of the State Liquor Authority, et al., Respondents.
    Argued November 10, 1947;
    decided November 20, 1947.

      Monroe I. Kaicher, II, and Jerome 8. Heller for appellant.

      Lawrence Wiseman for American Legion, Kings County, amicus curies, in support of appellant’s position.

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

Concur: Loughban, Ch. J., Lewis, Conway, Desmond, Thacher, Dye and Fund, JJ.


text:
    The People of the State of New York ex rel. John Milton, Appellant, against J. Vernel Jackson, as Warden of Clinton Prison, Respondent.
    Submitted October 10, 1947;
    decided November 20, 1947.

      John Milton, appellant in person.

      Nathaniel L. Goldstein, Attorney-General (Wendell P. Brown and Irving I. Waxman of counsel), for respondent.
   Orders reversed, and writ sustained to the extent that the matter is remitted to the Court of General Sessions of the County of New York for determination, upon a proper record, of whether relator was armed within the meaning of section 1944 of the Penal Law at the time of the commission of the felony for which he was. punished, and relator remanded for resentence in accordance with such determination. No opinion.

Concurs Loughean, Ch. J., Lewis, Conway, Desmond, Thacheb, Dye and Fuld, JJ.


text:
    In the Matter of Lewis A. Toan, Respondent, against Village of Perry, Appellant.
    Argued November 11, 1947;
    decided November 20, 1947.

      Aiistin W. Erwin for appellant.

      Thomas L. Toan for respondent.
   Order of Appellate Division reversed and that of the Special Term affirmed, with costs in this court and in the Appellate Division, upon the ground that the findings of the Special Term are in accordance with the weight of the evidence. No opinion.

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


text:
    Robert W. Young, Respondent, v. Village of Potsdam et al., Appellants.
    Argued October 10, 1947;
    decided November 20, 1947.

      Allan L. Gurley for Village of Potsdam, appellant.

      Frank L. Cubley for Clarence Gardner, appellant.

      Charles D, Campbell for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Loughban, Ch. J., Lewis, Conwat, Desmond, Thacheb, Dye and Fuld, JJ.


author: Per Curiam.

text:
    In the Matter of the Application of Charles J. Steinbugler, Jr., Appellant, for Admission to the Bar of the State of New York.
    Argued November 10, 1947;
    decided November 20, 1947.

      David S. Edgar, Jr., for appellant.
    No one opposed.
   Per Curiam.

We find nothing in this record bearing .upon the candidate’s, character or fitness for admission to the Bar which would justify his exclusion. His claim of exemption from military service upon conscientious and lawful grounds without proof of insincerity or disloyalty is not such evidence. The order should be reversed, without costs, and the matter remitted to the Appellate Division for further proceedings not inconsistent with the opinion herein.

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

Order reversed, etc.


text:
    David Seltzer, Respondent, v. Randolph Cowan, Appellant.
    Submitted November 10, 1947;

    decided November 20, 1947.

      James J. Leff, Philip B. Kurland and Richard F. Wolf son for motion.

      Katherine L. Merrill opposed.-
   Motion dismissed, with $10 costs and necessary printing disbursements unless, within fifteen days, all papers required by rule 21 (subd. [b]) of the Rules of the Court of Appeals are filed.


text:
    The People of the State of New York ex rel. James Martine, Appellant, against Walter B. Martin, as Warden of Attica Prison, Respondent.
    Submitted November 10, 1947;
    decided November 20, 1947.

      James Martine, in person, for motion.

      Nathaniel L. Goldstein, Attorney-General (Emil L. Cohen of counsel), opposed.
   Motion denied upon the ground that no appeal can be taken to this court. (See Matter of Scheer v. Webster, 294 N. Y. 656.)


text:
    The People of the State of New York ex rel. James J. Carr, Appellant, against William B. Martin, as Warden of Attica State Prison, Respondent.
    Submitted November 10, 1947;
    decided November 20, 1947.

      James J. Carr, in person, for motion.

      Nathaniel L. Goldstein, Attorney-General (Emil L. Cohen of counsel), opposed.
   Motion for leave to appeal denied. Appeal dismissed upon the ground that an appeal cannot be taken to this court.


text:
    The People of the State of New York, Respondent, v. Joseph Richetsky, Appellant.
    Submitted November 10, 1947;
    decided November 20, 1947.

      Charles P. Sullivan, District Attorney (Victor Levin of counsel), opposed.
   Motion denied upon the ground that no appeal can be taken to this court.


text:
    In the Matter of the Laying Out of Lawrence Street in the Borough of Queens, City of New York. Long Island Rail Road Company, Appellant; City of New York, Respondent.
    Argued November 10, 1947;
    decided November 20, 1947.

      Charles E. Murphy, Corporation Counsel (William A. Marks and Andrew Bellanca of counsel), for motion.

      Paul Tison and Louis J. Caruthers opposed.
   Motion denied, with leave to renew upon the argument of the appeal.


text:
    In the Matter of the Application of Gerald Morrell, Appellant. Association of the Bar of the City of New York, Respondent.
    Submitted November 10, 1947;
    decided November 20, 1947.

      Einar Chrystie for motion.

      Bichará A. Crowe opposed.
   Motion granted and appeal dismissed, with costs and $10 costs of motion.


text:
    Rose Altman et al., Appellants, v. David Altman et al., Respondents.
    Argued November 10, 1947;
    decided November 20, 1947.

      Francis C. Dale for motion to dismiss appeal and in opposition to appellant’s motion.

      Nathaniel Rubin for motion to prosecute appeal on five copies of record below and in opposition to motion to dismiss.
   Motion to dismiss appeal denied. Motion for leave to prosecute appeal on five printed copies of record below, granted.


text:
    Aldine Metal Products Corporation, as Assignee, Respondent, v. Bogert and Carlough Company, Appellant.
    Submitted November 10, 1947;
    decided November 20, 1947.

      Clarence Sage Woodman and Clyde A. Bogert for motion.

      Veit E. Kaufmann 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:
    Carl Serwan, an Infant, by Henrietta Serwan, His Guardian ad Litem, et al., Respondents, v. Manhattan Coach Line, Inc., Appellant, et al., Defendants.
    Submitted November 10, 1947;
    decided November 20, 1947.

      David Tepp and George F. Muth for motion.

      Irving Rodin opposed.
   Motion dismissed, with $10 costs and necessary printing disbursements unless, within fifteen days, all papers required by rule 21 (subd. [b]) of the Rules of the Court of Appeals are filed.


text:
    Lillian Nerenstone, Appellant, v. Samuel H. Nerenstone, Respondent.
    Submitted November 10, 1947;
    decided November 20, 1947.

      Sidney H. Kóblente for motion.

      Bennett I. ScMessel 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:
    Louise Guilden, Respondent, v. Ira Guilden, Appellant.
    Argued October 14, 1947;
    decided November 21, 1947.

      Emil K. Ellis, Abraham J. Heller, Jonas Ellis and Abraham Beital for appellant.

      Arnold J. Brock and William P. Balaban for respondent.
   Order affirmed, with costs; no opinion.

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


text:
    Milo R. Maltbie et al., Constituting the Public Service Commission of the State of New York, Respondents, against Long Beach Bus Co., Inc., Appellant.
    Argued November 19, 1947;
    decided November 21, 1947.

      James F. Conway and Jonathan A. Eendrie for appellant.

      Philip Ealpern for respondents.
   Order affirmed, without costs; no opinion.

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


text:
    Henry Carney, Respondent, v. Hyman Marcus, Appellant.
    Argued November 12, 1947;
    decided November 21, 1947.

      Copal Mints for appellant.

      William E. Friedman and Leonard L. Berliner for respondent.
   Judgment affirmed, with costs. This record fails to establish the alleged defense of a violation of article 55 of the Education Law. We pass on no other question.' No opinion. [See 297 N. Y. 783.]

Concur: Loughean, Ch. J., Lewis, Conwat, Desmond, Thacher, Dye and Fuld, JJ.


text:
    The People of the State of New York, Respondent, v. Bert Grant, Appellant.
    Submitted November 13, 1947;
    decided November 21, 1947.

      Harry Q. Anderson for appellant.

      Miles F. McDonald, District Attorney {Henry J. F. Davey of counsel), for respondents.
   Judgments reversed and information dismissed on the ground that the evidence did not warrant a finding of the guilt of the defendant beyond a reasonable doubt. No opinion.

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


text:
    The People of the State of New York, Respondent, v. Jauvhan Jackson, Appellant.
    Argued October 15, 1947;
    decided November 21, 1947.

      Henry P. Lipscomb, Sr., John R. Starkey and Henry P. Lipscomb, Jr., for appellant.

      Miles F. McDonald, District Attorney (Solomon A. Klein of counsel), for respondent.
   Judgment of conviction affirmed; no opinion.

Concur: Loughrah, Ch. J., Lewis, Coswat, Desmosd, Thacher, Dye and Fuld, JJ.


text:
    Catherine M. Claessens, Individually and as Guardian ad Litem of Antonita M. Laurence, an Infant, Respondents, v. City of Troy, Appellant.
    Argued November 14, 1947;
    decided November 21, 1947.

      John H. Broderick and Ilenry S. Bayly for appellant.

      E. Stewart Jones and W. Joseph Shanley for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Loughran, ' Ch. J., Lewis, Conway, Desmond, Thacher, Dye and Fttld, JJ.


text:
    The People of the State of New York, Respondent, v. Peter Bello, Appellant.
    Argued October 6, 1947;
    decided November 21, 1947.

      Marvin M. Simon and Andrew J. Musacchio for appellant.

      Joseph A. Nevins for respondent
   Judgment of conviction affirmed; no opinion.

Concur: Lewis, Desmond, Thacher and Ftjld, JJ. Dissenting: Loughran, Ch. J., Conway and Dye, JJ.


text:
    The People of the State of New York, Appellant and Respondent, v. Jacob Greenwald, Respondent and Appellant.
    Argued November 12, 1947;
    decided November 21, 1947.

      Charles Margett and Benjamin J. Jacobson for appellant.

      Charles P. Sullivan, District Attorney {Henry W. Schober of counsel), for respondent.
   Order and judgment affirmed; no opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Thacher, Dye and Fund, JJ.


text:
    Evadan Realty Corp., Appellant, v. Thomas J. Patterson, as Director of the Budget of the City of New York, et al., Respondents, and Daniel J. Sheeran, on Behalf of Himself and All Other Motor Grader Operators, Similarly Situated, Intervener, Respondents. (Two Cases.)
    Argued July 2, 1947;
    decided November 21, 1947.

      Harold Baer for appellant.

      Charles E. Murphy, Corporation Counsel (Howard C. Fischbach, Seymour B. Quel, Stanley Buchsbaum and Leon Mendelson of counsel), for Thomas J. Patterson, as Director of Budget, and others, respondents.

      Bernard A. Abrashkin for intervener, respondent.
   Upon appeal from order denying temporary injunction, appeal dismissed, without costs. In the absence of any statement in the order of the Appellate Division that its decision was based solely on questions of law and not in the exercise of discretion, we are required to presume that the contrary was the fact (Civ. Prac. Act, § 603). The appeal is dismissed on the ground that the question of law certified is not decisive of the correctness of the order appealed from (Civ. Prac. Act, § 589, subd. 3, par. [b]; Langan v. First Trust and Deposit Co., 296 N. Y. 60, 61). No opinion.

Upon appeal from judgment, judgment reversed and the order of Special Term affirmed, with costs in this court and in the Appellate Division to abide the event. The record before us presents questions of law which turn upon questions of fact which should be determined only upon a record made on a full trial of the case. We decide no other question. No opinion.

Concur: Lottghran", Ch. J., Lewis, Conway, Desmoud, Thacher, Dye and Fold, JJ.


text:
    The People of the State of New York, Respondent, v. George C. Moore and Lester Haughton, Appellants.
    Argued October 7, 1947;
    decided November 21, 1947.

      JoJm F. Wilkinson and Isidore Ehrman for George Cornelius Moore, appellant.

      I. Saul Fleischman and Henry Q. McDonough for Lester Haughton, appellant.

      Samuel J. Foley, District Attorney (George Tilser, Herma/n J. Fliederblum and Nicholas F. Delagi of counsel), for respondent.
   Judgments of conviction affirmed; no opinion. [See 298 N. Y. 500.]

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


text:
    Wally Hofmann, Respondent, v. City of New York, Appellant.
    Argued November 12, 1947;
    decided November 21, 1947.

      Charles E. Murphy, Corporation Counsel (Joseph F. Mul~ queen, Jr., and Seymour B. Quel of counsel), for appellant.

      Edgar T. Sohleider, Alfred Schleider and Harry J. Grayson ■ or respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Charles Schaffer, Respondent, v. Continental Record Co., Inc., Appellant, et al., Defendants.
    Argued November 13, 1947;
    decided November 21, 1947.

      Edward Garfield and Robert H. Wrubel for appellant. Samuel Gottlieb, Lewis B. Staclcell, Harry Lippert and I. Gainsburg for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Lew Morris et al., Respondents, v. Julius Hoffman et al., Appellants.
    Argued November 12, 1947;
    decided November 21, 1947.

      Seymour C. Simon for appellants.

      Henry Cohen and George J. Rudnich for respondents.
   Order affirmed, with costs. Question certified answered in the affirmative. No opinion.

Concur: Loughrah, Ch. J., Lewis, Conway, Desmond, Thaches, Dye and Eued, JJ.


text:
    The People of the State of New York, Respondent, v. Richard P. Brisson, Appellant.
    Submitted September 29, 1947;
    decided November 21, 1947.

      Richard P. Brisson, in person, for motion.
    No one opposed.
   Motion dismissed on the ground that the order sought to be appealed from is not a final determination, and no appeal therefrom can be taken to this court.


text:
    The People of the State of New York ex rel. Alphonse L. Harrison, Appellant, against J. Vernel Jackson, as Warden of Clinton Prison, Respondent.
    Submitted November 10, 1947;
    decided November 21, 1947.

      j Nathaniel L. Goldstein, Attorney-General (Herman N. Har'court of counsel), for motion to dismiss appeal.
    ' Alphonse L. Harrison, in person, in opposition to motion to dismiss and for motion for leave to prosecute as a poor person.
   Motion to dismiss appeal denied.

Motion to prosecute appeal as a poor person, etc., granted.


text:
    In the Matter of the Arbitration between R. B. Gantt, Doing Business under the Name of Southland Supply Company, Petitioner, Appellant, and Felipe Y. Carlos Hurtado & Cia., Ltda., Respondent.
    Argued November 17, 1947;
    decided January 8, 1948.

      Edward Jerome and Horace A. Teass for appellant.

      Walter M. Hinhle and Robert G. Lind for respondent.
   Appeal dismissed, with costs, on the ground that the order sought to be appealed from does not finally determine a special proceeding within the meaning of the Constitution. No opinion.

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


text:
    The People of the State of New York, Respondent, v. Michael Mainello, Appellant.
    Argued November 17, 1947;
    decided January 8, 1948.

      William B. Mahoney for appellant.

      Gordon Steele, District Attorney (John J. Kane of counsel), for respondent.
   Judgment affirmed; no opinion.

Concur: Lotjghban, Ch. J., Lewis, Conway, Desmond, Thacheb, Dye and Puld, JJ.


text:
    Employers’ Liability Assurance Corporation, Ltd., Appellant, v. Thomas P. Daley et al., Respondents.
    Argued November 17, 1947;
    decided January 8, 1948.

      Ralph W. Box and Ulysses 8. Thomas for appellant.

      William, B. Mahoney and John B. Corcoran for respondents.
   Judgment affirmed, with costs. Upon this record we disregard, as did the parties and the Appellate Division, any implication from the agreed statement of facts that this is a submitted controversy pursuant to sections 546-548 of the Civil Practice Act. We treat the judgment appealed from as an affirmance by the Appellate Division of a judgment entered upon a decision by Special Term after trial upon agreed facts. We also disregard the facts stipulated by the parties after the decision herein by the Appellate Division, which facts were not before that court.

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


text:
    Helen Lawkins, Respondent, v. City of New York, Appellant.
    Argued November 12, 1947;
    decided January 8, 1948.

      Charles E. Murphy., Corporation Counsel (Reuben Levy, Harry E. O’Donnell and Benjamin Offner of counsel), for appellant.

      Ferdinand I. Haber for respondent.

      William 8. Pettit and Carl E. Peterson for Title Guarantee & Trust Company and Morty Brous, amici curiae, in support of respondent’s position.

      Eugene B. Hurley for County of Nassau, amicus curies, in support of respondent’s position.
   Judgment affirmed, with costs; no opinion.

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


text:
    The People of the State of New York, Respondent, v. Martin J. Parkinson, Appellant.
    Argued October 14, 1947;
    decided January 8, 1948.

      Paxton Blair for appellant.

      Frank 8. Hogan, District Attorney (Whitman Knapp, Richard G. Denser and Vincent A. G. O’Connor of counsel), for respondent.
   Judgments reversed and new trial ordered with respect to the third count upon the ground that the testimony of the witness Prentis in attempted corroboration of the witness Swenson was incompetent. Judgment affirmed with respect to the first count upon the ground that the testimony erroneously admitted . related only to the third count. No opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Thaohee and Dye, JJ. Taking no part, Fuld, J.


text:
    In the Matter of the Estate of Louis A. Cohn, Deceased. Bessie Rothman, as Administratrix of the Estate of Bertie Cohn, Deceased, Respondent; Nathan Berk, Appellant.
    Submitted November 12, 1947;
    decided January 8, 1948.

      Homer 1. Harris for appellant.

      Herman 8. Bachrach, Clarence G. Bachrach and Joseph W. Gottlieb for respondent.
   Order affirmed, with costs. Question certified answered in the affirmative. No opinion.

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


text:
    In the Matter of the Arbitration between Art Infants Wear, Inc., Appellant, and Jack C. Turk et al., Individually and as Copartners Doing Business under the Name of Jack C. Turk Company, Respondents.
    Argued October 2, 1947;
    decided January 8, 1948.

      Martin G. Greene and David N. Aberman for appellant.

      Sydney J. Schwartz and Samuel D. Turk for respondents.
   Order affirmed, with costs; no opinion.

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


text:
    Adeline H. Sharrett, as Executrix of Horatio J. Sharrett, Deceased, Appellant, v. Northfield Savings and Loan Association, Respondent.
    Argued October 8, 1947;
    decided January 8, 1948.

      Farrell M„ Kane and Lawrence W. Widdecomibe for appellant,

      Frederic W. Lahr and William J. Dillon for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Loughban, Ch. J., Lewis, Conway, Desmond, Thacheb, Dye and Fitld, JJ.


text:
    Joe Chernow, Respondent, v. Harry Feldman, Appellant, et al., Defendants.
    Argued October 14, 1947;
    decided January 8, 1948.

      Paxton-Blair and Joseph M. Conroy for appellant.

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

Concur: Lotjghean, Ch. J., Lewis, Conway, Desmond, Thaci-iee, Dye and Ftjld, JJ.


text:
    In the Matter of the Will of Morris Roth, Deceased. Pearl Roth et al., Appellants; Frederick Roth et al., Respondents.
    Argued November 11, 1947;
    decided January 8, 1948.

      Lloyd B. Eanier, Alvin S. Bosenson, Stuart H. Steinbrink, Harry Mitchell and Hyman I. Barnett for Pearl Both and others, appellants.

      Stuart II. Steinbrink, Harry Mitchell and Hyman Barnett for Ida P. Pollack and another, appellants-respondents.

      Conrad Save Keyes and Lewis Singer for Jesse Both, appellant and respondent.

      James N. Vaughan and Eli M. Spark for Frederick Both and others, respondents.

      Richard Hecht, Chester A. Hahn and Sylvia Miller for Marian Furman, as administratrix, appellant and respondent.

      Herbert J. Boeder for Herman Wolowitz, respondent.

      Herman 8. Baohrach, special guardian for Kurt Both and another, infants.
   Order affirmed, with costs to all parties appearing separately. and filing briefs payable out of the estate, and matter remitted to Surrogate’s Court for further proceedings. No opinion.

Concurs Loughran, Oh. J., Lewis, Conwat, Desmond, Teacher, Dye and Fuld, JJ.


text:
    The People of the State of New York, Respondent, v. Willie Grant and George Louis Monge, Appellants.
    Argued November 13, 1947;
    decided January 8, 1948.

      Raphael P. Koenig, Leopold K. Simon and James N. Fazio for George Louis Monge, appellant.

      John McKim Minton, Joseph D. Edelson and Rose Rothenberg for Willie Grant, appellant.

      Frank S. Hogan, District Attorney (Whitman Knapp and Edward T. Perry of counsel), for respondents:
   Judgments of conviction affirmed; no opinion.

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


text:
    International Aircraft Trading Co., Inc., Appellant, v. Manufacturers Trust Company, Appellant and Respondent, and Irving Trust Company, Respondent.
    Submitted January 5, 1948;
    decided January 8, 1948.

      Nathan Waxman for motion.

      Louis Olein opposed.
   Motion denied, with $10 costs.


text:
    Morris W. Taub et al., Respondents, v. Josephine G. Braun, Appellant.
    Submitted January 5, 1948;
    decided January 8, 1948.

      Joseph M. Schwarts for motion.

      John O’Brien opposed.
   Motion granted and appeal dismissed, with costs and $10 costs of motion on the ground that no question as to the constitutional validity of any statutory provision is involved and because the order refusing to vacate the prior judgment and orders does not finally determine the action within the meaning of the Constitution.


text:
    The People of the State of New York ex rel. Seventh & Fiftieth Realty Corporation, Appellant, against Joseph Lilly et al., Constituting the Tax Commission of the City of New York, Respondents.
    Argued November 20, 1947;
    decided January 15, 1948.

      Sophia L. C. Battistella and Jules Shapiro for appellant.

      Charles E. Murphy, Corporation Counsel (Morris Handel, Edith I. Spivack and William F. Murphy of counsel), for respondents.
   Order affirmed, with costs; no opinion.

Concur: Loughraw, Ch. J., Lewis, Cowway, Desmowd, Thacher, Dye and Fuld, JJ.


text:
    Adelaide Applebaum, an Infant, by Pauline Applebaum, Her Guardian ad Litem, Respondent, v. Board of Education of the City of New York, Appellant.
    Argued November 18, 1947;
    decided January 15, 1948.

      Charles' E. Murphy, Corporation Counsel (Joseph J. Lucchi and Seymour B. Quel of counsel), for appellant.

      Bernard Budnich and Solomon Weiss for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    The People of the State of New York ex rel. Manufacturers Trust Company, Appellant, v. Harry B. Chambers et al., Constituting the Tax Commission of the City of New York, Respondents.
    Argued November 20, 1947;
    decided January 15, 1948.

      Isidore Fell for appellant

      Charles E. Murphy, Corporation Counsel (Edith I. Spinach, Morris Handel and William F. Murphy of counsel), for respondents.
   Order affirmed, with costs; no opinion.

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


text:
    In the Matter of the Application of the People of the State of New York, by George S. Van Schaick, as Superintendent of Insurance, for an Order to Take Possession of the Property of and Rehabilitate the Bond and Mortgage Guarantee Company. In the Matter of a Plan of Readjustment of the Rights of Holders of Investments in a Mortgage Covering Premises Known as 570 Kosciusko Street in the Borough of Brooklyn. (Guarantee No. 180,236.) Manufacturers Trust Company, as Trustee, Appellant; Jacob Finkelstein, Respondent.
    Submitted November 20, 1947;
    decided January 15, 1948.

      Charles I?. Bottlcowsloy for appellant.

      Alfred L, Weiss and Y/alter W. Weiss for respondent.
   Order affirmed, with costs; no opinion.

Concur; Loughrah, Oh. J.,. Lewis, Cohway, Desmoto, Thaoher, Dye and Ftjld, JJ„


text:
    Village of Pleasantville, Respondent, against Lawrence T. Gross, Jr., Appellant.
    Submitted November 18, 1947 ;
    decided January 15, 1948.

      Lawrence T. Gross, Jr., for appellant.

      Edward J. Wren for respondent.
   Judgment affirmed, without costs; no opinion.

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


text:
    Julia Lefkowitz, Appellant, v. City of New York, Respondent.
    Argued November 19, 1947;
    decided January 15, 1948.

      Alexander E. Rosenthal and Harry Simon for appellant.

      Charles E. Murphy, Corporation Counsel (Joseph F. Mulqueen, Jr., and Seymour B. Quel of counsel), for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Loughran, Oh. J., Lewis, Conway, Desmond, Thacher, Dye and Fttld, JJ.


text:
    The People of the State of New York ex rel. Pershing Square Building Corp., Appellant, against Harry B. Chambers et al., Constituting the Tax Commission of the City of New York, Respondents.
    Argued November 18, 1947;
    decided January 15, 1948.

      Abraham A. Getter and Irving Sonnenschein for appellant.

      Charles A. Murphy, Corporation Counsel (Anthony Curreri, William Fo Murphy and Morris Handel of counsel), for respondents.
   Order affirmed, with costs; no opinion.

Concur: Loughban, Oh. J., Lewis, Conway, Desmond, Thagher, Dye and Eulb, JJ.


text:
    Joe Lee, Appellant and Respondent, v. Henry Trefflich, Doing Business as Henry Trefflich & Co., et al., Appellants, and J. H. Bunnell & Co., Inc., Respondent.
    Argued November 19, 1947;
    decided January 15, 1948.

      Alexander E. Rosenthal, Chauncey A. Levy, Sidney Levy and Bernard Breitbart for defendants-appellants.

      Benjamin E. Siff and H. Lee Kanner for plaintiff-respondent-. appellant.

      John P. Carson and Reginald V. Spell for defendant- . respondent.
   Judgment affirmed, with costs to the defendant-respondent Bunnell & Co., Inc., against the plaintiff, and with one bill of costs to plaintiff against the defendants Trefflich and Trefflich Pet Shop, Inc.; no opinion.

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


text:
    The People of the State of New York, Respondent, v. Francis Hogue, Appellant.
    Submitted November 17, 1947;
    decided January 15, 1948.

      Theodore A. Knapp for appellant.

      John F. Doyle, District Attorney, for respondent.
   Judgment affirmed; no opinion.

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


text:
    Virginia I. Du Bois, as Executrix of Joseph E. Du Bois, Deceased, Appellant, v. Du Bois Plastic Products, Inc., Respondent.
    Argued November 18, 1947;
    decided January 15, 1948.

      Walter C. Newcomb for appellant.

      Selby G. Smith and Archibald M. Laidlaw for respondent.
   Judgment of the Appellate Division reversed and that of the Special Term affirmed, with costs in this court and in the Appellate Division. Upon evidence as to which there is no conflict we agree to the construction put upon the contract in question by the Special Term. No opinion.

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


text:
    In the Matter of Joseph Scarola, Appellant, against John Foster, as Warden of Auburn Prison, et al., Respondents.
    Submitted November 10, 1947;
    decided January 15, 1948.

      Joseph Searola, in person, for motion.

      Nathaniel L. Goldstein, Attorney-General (William S. Elder, Jr., of counsel), opposed.
   Motion for leave to appeal and to have appeal heard on handwritten record and briefs denied.

Appeal dismissed on the ground that no appeal lies as of right from the order of the Appellate Division.


text:
    Irwin M. Coane et al., Individually and as Stockholders of American Distilling Company, Suing on Their Own Behalf and on Behalf of Stockholders Similarly Situated, and on Behalf of American Distilling Company, Appellants, v. American Distilling Company et al., Respondents, et al., Defendants.
    Argued November 10, 1947;
    decided January 15, 1948.

      William G. Mulligan and Lewis B. Greenbaum for motion.

      Joseph Nemerov and Aaron Schwarts opposed.
   Motion granted and appeal dismissed, with costs and $10 costs of motion, upon the ground that the judgment appealed from is for costs only (North v. City of Cohoes, 291 N. Y. 726), and without prejudice to an appeal from a final judgment dismissing the third and fifth causes of action.


text:
    David Seltzer, Respondent, v. Randolph Cowan, Appellant.
    Submitted January 5, 1948;
    decided January 15, 1948.

      James J. Leff for motion.

      Katherine L. Merrill opposed.
   Motion for leave to appeal dismissed, with $10 costs and necessary printing disbursements, without prejudice to a renewal thereof if and when a judgment has been entered upon the order of the Appellate Division, and all papers required by rule 21 (subd. [b]) of the rules of this court are filed with the Clerk. (Blum v. Fresh Grown Preserve Corp., 290 N. Y. 857.) [See 297 N. Y. 715.]


text:
    In the Matter of Adolph Bress, Respondent, against Nicholas J. Dehlinger, as Director of Licenses of the City of Buffalo, Appellant.
    Submitted January 5, 1948;
    decided January 15, 1948.

      Harold C. Lowe for motion.
    No one opposed.
   Motion denied, with $10 costs.


text:
    The People of the State of New York ex rel. Ernest J. Hasenfuss, Appellant, against John L. Van De Mark, as Superintendent of Rochester State Hospital, Respondent.
    Submitted January 5, 1948;
    decided January 15, 1948.

      Ernest J. Hasenfuss, in person, for motion.
    No one opposed.
   Motion dismissed on the ground that the order sought to be appealed from is not a final determination and no appeal therefrom can be taken to this court.


text:
    In the Matter of Chester W. McNally, for Reinstatement as an Attorney, Petitioner. Association of the Bar of the City of New York, Respondent.
    Submitted January 5, 1948;
    decided January 15, 1948.

      James I. Cuff for motion.
    * Einar Chrystie and James T. Gallagher opposed.
   ■ Motion dismissed, with $10 costs and necessary printing disbursements, upon the ground that the order does not finally determine the proceeding within the meaning of the Constitution.


text:
    General Synod of the Reformed Church in America, Respondent, v. Bonac Realty Corporation, Appellant, et al., Defendants.
    Submitted January 5, 1948;
    decided January 15, 1948.
   Motion by defendant-appellant for reargmnent denied, with $10 costs and necessary printing disbursements, [See 297 N. Y. 119.]


text:
    Lucy A. Guile, Appellant, v. Sea Island Co., Inc., Respondent.
    Submitted January 5, 1948;
    decided January 15, 1948.
    No one opposed.
   Motion dismissed, with $10 costs and necessary printing disbursements, on the ground that the order does not finally determine the action within the meaning of the Constitution.


text:
    Lucius Wilmerding, Appellant, v. William O’Dwyer et al., Constituting the Board of Estimate of the City of New York, et al., Respondents, and Robert Kirkpatrick et al., Interveners, Respondents.
    Submitted January 5, 1948;
    decided January 15, 1948.
   Motion by respondents to amend remittitur denied. The judgments were reversed and the dismissal of the complaint was directed not upon the merits but solely upon the ground that the issues are moot. [See 297 N. Y. 664.]


text:
    The People of the State of New York, Respondent, v. Lewis Wolfe, Appellant.
    Submitted January 5, 1948;
    decided January 15, 1948.

      Miles F. McDonald, District Attorney (David Diamond of counsel), for motion.

      Julius L. Goldstein opposed.
   Motion granted and appeal dismissed.


text:
    In the Matter of Theo. Delyanis, Appellant, against Frank Cooper et al., Constituting the Zoning Board of Appeals of the Incorporated Village of Rockville Centre, Respondents.
    Submitted January 5, 1948;
    decided January 15, 1948.

      Julius M. Gerzof and David F. Price for motion.

      Edgar T. Beamish opposed.
   Motion dismissed, with $10 costs and necessary printing disbursements, unless, within fifteen days, all papers required by rule 21 (subd.: [b]) of the rules of this court are filed.


text:
    Henry Carney, Respondent, v. Hyman Marcus, Appellant.
    Submitted January 5, 1948;
    decided January 15, 1948.
   Motion by appellant for reargument denied, with $10 costs and necessary printing disbursements. [See 297 N. Y. 724.]


text:
    The People of the State of New York, Respondent, v. Railway Express Agency, Inc., Appellant. The People of the State of New York, Respondent, v. Charles Gerchario, Emil H. Miller, Charles A. Harrington, Frank Reilly, Howard Broems, Edward Halloran, Thomas McCabe, Milton Mulhare, Jeremiah McCarty, Michael Long, George Bauer, Herman Gripes and John Murray, Appellants.
    Submitted January 5, 1948;
    decided January 15, 1948.
   Motion by appellant for reargument denied.

Motion by appellant to amend remittitur granted. Return of remittitur requested and when returned it will be amended by adding thereto the following: A question under the Federal Constitution was presented and necessarily passed upon by this court, viz. j whether section 124 of article 9 of the Traffic Regulations of the Police Commissioner of the City of New York is repugnant to the Fourteenth Amendment or to section 8 of article I of the Constitution of the United States. This court held that the Traffic Regulation aforesaid is not repugnant to said provisions of the Constitution of the United States. [See 297 N. Y. 703.]


text:
    In the Matter of Anne Cooper, Respondent. Leo T. McCauley, as Consul General of Ireland and as Ancillary Executor of Mary A. Connolly, Deceased, Appellant.
    Submitted January 5, 1948;
    decided January 15, 1948.
   Motion by respondent to amend remittitur denied, with $10 costs and necessary printing disbursements. [See 291N. Y. 255.]


text:
    Shirley Levy, Appellant, v. Boardwalk Skating Rink, Inc., Respondent.
    Submitted January 12, 1948;
    decided January 15, 1948.

      Arthur 8. Gales for motion to dismiss appeal and in opposition to plaintiff’s motion.

      Isaac M. Rothenberg for motion for leave to appeal as poor person and in opposition to defendant’s motion.
   Motion to dismiss appeal denied, without costs.

Motion to prosecute appeal as poor person granted.


text:
    The People of the State of New York, Respondent, v. Charles W. Acker, Appellant.
    Argued November 17, 1947;
    decided January 16, 1948.

      Abraham J. Gellinoff, Irving Mendelson, Sylvester Gosentino and Eugene K. Jones, Jr., for appellant.

      Frank S. Hogan, District Attorney (Whitman Knapp and Eugene A. Leiman of counsel), for respondent.
   Judgment of conviction affirmed; no opinion.

Concur: Lottghran, Ch. J., Lewis, Conwat and Fuld, JJ.; Desmond, Thacher and Dye, JJ., dissent and vote to reverse the judgment of conviction and order a new trial upon the ground that the verdict is against the weight of the evidence, and on the further ground that the Trial Judge failed to make, in his charge, any clear statement as to the law applicable to the detention of defendant before arraignment.


text:
    In the Matter of Samuel Rose, Appellant. Association of the Bar of the City of New York, Respondent.
    Argued January 5, 1948;
    decided January 16, 1948.

      Sydney A. Hellenbrand and Harold W. Hastings for appellant.

      Kenneth M. Spence, Henry F. Waldstein and Einar Ghrystie for respondent.
   Appeal dismissed, without costs, upon the ground that the order sought to be appealed from does not finally determine the proceeding within the meaning of the Constitution. No opinion.

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


text:
    Karl Gassman, Appellant, v. R. & W. Trucking Co., Inc., Respondent.
    Argued January 7, 1948;
    decided January 16, 1948.

      J. Stanley Cohen for appellant.

      Harold M. Harkavy and Frederick M. Garfield for respondent.
   Judgment affirmed, without costs; no opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Thacheb, Dye and Euld, JJ.


text:
    Ulmer Park Realty Company, Appellant, v. City of New York, Respondent.
    Argued November 17, 1947;
    decided January 16, 1948.

      Q. Bur chard Smith, Frederick F. Grane, LeRoy S. Perkins, S. M. Meeker and D. E. Meeker for appellant.

      Charles E. Murphy, Corporation Counsel (Seymour B. Quel, Stanley Buchsbaum and Bernard Friedlander of counsel), for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Dye and Fuld, JJ. Taking no part, Thacher, J.


author: Desmond, J.

text:
    The People of the State of New York, Respondent, v. Bernard F. Helmbrecht, Appellant.
    Argued November 20, 1947;
    decided January 16, 1948.

      Robert Boasberg for appellant.

      Gordon Steele, District Attorney (Leonard Finkelstein of counsel)', for respondent.
   Judgment affirmed.

Concur: Loughban, • Ch. J., Lewis, Conway, Thaoher and Fuld, JJ. Desmond, J., dissents in the following opinion in which Dye, J., concurs.

Desmond, J.

(dissenting). Defendant, tried on an assault charge, admitted grabbing ” the complainant, but denied striking him and attempted to justify the battery by testimony that the complainant had used improper language to defendant’s wife. Four witnesses testified to defendant’s good character. The Trial Justice, in charging the jury, discussed this character evidence to some extent, informing the jurors that it was to be considered solely “ upon the question of whether or not he would be likely to commit the crime with which he is charged here.” Defendant’s counsel thereupon asked for an instruction to the jury that if the jury believes the evidence of good character introduced here, that that evidence alone is sufficient to create a reasonable doubt.” The trial court declined so to charge, stating that he would stand on his original charge which, it is plain, contained no discussion at all as to the effect which the character evidence could or should have in bringing into existence a reasonable doubt of defendant’s guilt.

As we understand it, it is now argued that, even if defendant had a right to have the jury instructed as to the relationship between credible evidence of good repute and reasonable doubt, the requested charge, it is said, was not correctly phrased.

It has been the New York law for at least a century that character evidence, if believed by a jury, will sometimes of itself create a doubt when without it none would exist ” (Remsen v. People, 43 N. Y. 6, 9; Stephens v. People, 4 Parker Cr. Rep. 396). It follows that this “ was an important item of evidence, and the defendant was entitled to the full benefit of it ” (People v. Lamb, 2 Keyes 360, 377). As Judge Crane wrote in People v. Colantone (243 N. Y. 134, 136): “ Evidence of good character is a matter of substance; not of form, in criminal cases, and must be considered by the jury as bearing upon the issue of guilt, even when the evidence against the defendant may be very convincing. ” It is no matter of verbiage, and no defendant should lose the benefit of his good character witnesses, merely because his lawyer uses one form of words rather than another. And failure to charge correctly and fully on this subject is not such an error as may be overlooked under section 542 of the Code of Criminal Procedure (People v. Bonier, 179 N. Y. 315, 324).

Many convictions have been reversed in this and other courts because of the trial judges’ refusals to tell the jury that doubt of guilt is no less a reasonable doubt because it is produced by character evidence, rather than by proof directly bearing on the issues. In none of those reversals was it said, or suggested, that a particular formula must be employed by counsel in making a request. The idea is the thing, and the idea that should go to the jury is that a showing of fair repute is in itself justification for a juror’s reasonable doubt. Was that not the idea simply and briefly stated by counsel here, when he requested a charge that character evidence alone is sufficient to create a reasonable doubt ”? Any difference between that and the statements in the cases that character evidence may create a reasonable doubt ” or can create a reasonable doubt ” or “ will sometimes create a reasonable doubt ” is verbal only. For instance, there was a unanimous reversal in People v. D’Anna (243 App. Div. 259) because the court declined to tell the jury that, if they believed the evidence produced as to good character, they might base a reasonable doubt on that alone All these expressions mean the same thing.

People v. Trimarchi (231 N. Y. 263, 266), is not to the contrary. There defendant’s counsel omitted from his requested instruction any reference to the necessary condition that the jury must credit the character evidence. Such evidence,” this court pointed out, in order to raise a reasonable doubt, must be believed by the jury.” Indeed, Judge McLaughlin’s opinion in the Trimarchi case (supra), impliedly approves the exact form of charge requested by defendant’s counsel in the present ease. Counsel for Trimarchi had asked for an instruction: That evidence of good character is sufficient to raise a question of reasonable doubt.” Judge McLaughlin said that request was defective in that it did not include the thought that the evidence had to be believed by the jury. The discussion in this court’s opinion, in the second paragraph on page 266 of 231 New York, shows that if Trimarchi’s counsel had included that absent element, the request would have had to be granted as matter of law. With that missing part added, the Trimarchi request is identical with that in this case, except that Trimarchi’s counsel said “ raise ” a reasonable doubt, while appellant Helmbrecht’s counsel used the word “ create ”.

Finally, let us assume, for argument, that the instruction prayed for in this case, was elliptical, or lacking a word or two. “ The defendant was entitled to have the jury charged substantially as requested by his counsel ” (People v. Conrow, 200 N. Y. 356, 362), and, even if the request was inartistically framed, “ yet its obvious intention was plain and the court should have instructed the jury adequately as to the legal bearing of the question which it raised ” (People v. Buccufurri, 158 App. Div. 186, 192).

The judgment should be reversed and a new trial ordered.


text:
    The People of the State of New York, Respondent, v. John Schultz and Stanley Kosloski, Appellants.
    Argued January 8, 1948;
    decided January 16, 1948.

      Miles F. McDonald, District Attorney (Solomon A. Klein of counsel), for respondents.
   Judgments affirmed; no opinion.

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


text:
    Emigrant Industrial Savings Bank et al., Appellants, v. City of New York, Respondent.
    Argued November 18, 1947;
    decided January 16, 1948.

      Murray Weiss for appellants.

      Charles E. Murphy, Corporation Counsel (Alfred D, Jahr and Harry E. O’Donnell of counsel), for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Thomas W. Lamont et al., Individually and as The International Committee of Bankers on Mexico, Respondents, v. Travelers Insurance Company et al., Defendants; and Banco Nacional De Mexico S. A. et al., Interveners, Respondents, and Nathan M. Hutner, Intervener, Appellant.
    Argued November 20, 1947;
    decided January 16, 1948.

      William E. Haucleh arid Abraham L. Pomerantz for appellant.

      Ralph M. Carson and Francis W. Phillips for International Committee of Bankers on Mexico, intervener, respondent.

      Eugene Untermyer and Rudolph E. TJhlman for Leonora Speyer, intervener, respondent.
   Judgment affirmed, with one bill of costs to the plaintiffs payable out of the fund; no opinion.

Concur: Loughrax, Ch. J., Lewis, Conway, Desmond, iThaoheb, Dye and Fulo, JJ.


text:
    Estelle Senor, Appellant, v. Louis H. Senor, Respondent.
    .Argued November 19, 1947;
    decided January 16, 1948.

      Edward Lazcmshy and Horace F. Callaghan for appellant.

      Inzer B. Wyatt and Archer Scherl for respondent.
   Judgment affirmed, without costs; no opinion.

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


text:
    Jenny N. Lorbeer, Appellant, v. Edward E. Barefield et al., Respondents.
    Argued November 21, 1947;
    decided January 16, 1948.

      I. Maurice Wormser, Rudolph Stand and Robert R. Kaufman for appellant.

      Noah L. Braunstein for Edward E. Barefield, respondent.

      James G. Purdy and Joseph Davis for Roland Lorbeer and Macy Place Realty Corp., respondents.
   Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of Michael Pichacz et al., Appellants, against John F. O’Connell et al., Individually and as Members of the State Liquor Authority, et al., Respondents.
    Submitted January 5, 1948;
    decided January 16, 1948.

      John Di Leonardo and Alvin McKinley Sylvester for motion.

      Martin Benjamin opposed.
   Motion denied, without costs. (See rule 1 of the Rules of the Court of Appeals.)


text:
    In the Matter of Patrick O’Rafferty, Appellant, against New York State Board of Parole et al., Respondents.
    Submitted January 5, 1948;
    decided January 16, 1948.

      Patrick O’Rafferty, in person, for motion.
    No one opposed.
   Motion denied. Appeal taken as of right dismissed on the ground that no substantial constitutional question is involved.


text:
    In the Matter of the Estate of Frank M. Gould, Deceased. Helen D. Gould, Appellant; Paul J. Longua et al., as Executors and Trustees under the Will of Frank M. Gould, Deceased, et al., Respondents.
    (Appeals Nos. 1, 2 and 3.)
    Submitted March 1, 1948;
    decided March 2, 1948.

      Daniel E. Woodhull for motions.

      James N. Vaughan opposed.
   Motions denied, with $10 costs.


text:
    Watchtower Bible & Tract Society, Inc., et al., Appellants, v. Metropolitan Life Insurance Company, Respondent.
    Submitted March 1, 1948;
    decided March 2, 1948.

      Hayden C. Covington for motion.

      Stuart N. Updihe, James W. Rodgers, John R. Schoemer, Jr., and.Philip T. Seymour opposed.
   Motion denied, with $10 costs and necessary printing disbursements, upon the ground that an appeal lies as of right.


text:
    Peggy C. Brainard, Appellant, v. Frank S. Brainard, Jr., Respondent.
    Submitted March 1, 1948;
    decided March 2, 1948.

      Clifton F. Weidlich opposed.
   Motion granted and appeal dismissed, with costs and $10 costs of motion, unless within 10 days from the date of the order defendant serves and files the required undertaking on appeal' and pays $10 costs, and within 20 days from the date of said order the appellant files the required record on appeal, in which events the motion is denied.


text:
    Charles E. Hawkins, as Administrator of the Estate of Donald Hawkins, Deceased, Respondent, v. County of Oneida, Appellant.
    Submitted March 1, 1948;
    decided March 2, 1948.

      Francis J. Alder for motion.

      Pirnie Pritchard opposed.
   Motion denied, without costs.


text:
    Gertrude Greenspan et al., Appellants, v. Wilbur Bernstein et al., Defendants, and Third Avenue Transit Corporation, Respondent.
    Submitted January 5, 1948;
    decided March 5, 1948.

      Harry P. Rich and Louis L. Resnick for appellants.

      Addison R. Scoville and James M. O’Neill for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Loxtghean, Ch. J., Thachee, Dye and Ftjld, JJ. Dissenting: Lewis, Conway and Desmond, JJ., who vote to reinstate the judgment of the Trial Term upon the ground that the questions of negligence and contributory negligence were properly submitted to the jury.


text:
    In the Matter of the Laying Out of Lawrence Street Across a Railroad Right of Way in the Borough of Queens, City of New York. Long Island Rail Road Company, Appellant, City of New York, Respondent.
    Argued January 8, 1948;
    decided March 5, 1948.

      Paul Tison and Louis J. Garruthers for appellant.

      JohnP. McGrath, Corporation Counsel (Andrew Bellanca and William A. Maries of counsel), for respondent.
   Appeal dismissed, with costs, on the ground that it presents no substantial constitutional question. No opinion.

Concur: Lotjghban, Ch. J., Lewis, Conway, Desmond, Thacheb, Dye and Fund, JJ.


text:
    In the Matter of Philip F. Wexner et al., Appellants, against New York State Employees’ Retirement System et al., Respondents.
    Argued January 5, 1948;
    decided March 5, 1948.

      Philip F. Wexner and Sidney Schindler for appellants.

      Nathaniel L. Goldstein, Attorney-General (John C. Of arv, Jr., and Wendell P. Brown of counsel), for respondents.

      Ali D. Good, John F. Egan and Arthur S. Mebel for Jacob Kraus and others, amici curies, in support of appellants’ position.
   Order affirmed, without costs; no opinion.

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


text:
    William Dowd, Respondent, v. Tug Thomas A. Feeney Corp. et al., Appellants.
    Argued January 7, 1948;
    decided March 5, 1948.

      Frank G. Mason for appellants.

      Jacquin Frank for respondent.
   Judgment affirmed, with costs. No opinion.

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


text:
    In the Matter of the Application of Samuel H. Kaufman et al., Individually and as Copartners Practicing Law under the Firm Name of Kaufman Gallop Climenko Gould & Lynton, Appellants and Respondents. Ann R. Gonzalez, Respondent and Appellant.
    Argued January 5, 1948;
    decided March 5, 1948.

      William N. Tobin and Edmund Glueck for respondent and appellant.

      George Trosk, Jesse Glimenko and Milton Adler for appellants and respondents.
   Order affirmed, without costs; no opinion.

Concur: Loughran, Ch. J., Lewis, Conwat, Desmond, Thacher, Dye and Fuld, JJ.


text:
    In the Matter of the Claim of Giuseppe Cutaia, Appellant, against Fitzwell Sportswear, Inc., Employer. Edward Corsi, as Industrial Commissioner, Respondent.
    Argued January 6, 1948;
    decided March 5, 1948.

      David M. Schlossberg and John J. AM for appellant.

      Nathaniel L. Goldstein, Attorney-General (Francis R, Curran and Wendell P. Brown of counsel), for respondent.
   Order affirmed, without costs; no opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Thacher, Dye and Fund, JJ.


text:
    Anchor Trading Corporation, Appellant, v. Joseph T. Ryerson & Son, Inc., Respondent.
    Argued January 7, 1948;
    decided March 5, 1948.

      Samuel B. Seidel and Isidore Minkin for appellant.

      Joseph Lewis and Benjamin Rosen for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Philip Spinelli, Respondent, v. Arthur Tickle Engineering Works, Inc., Defendant, and Sound Welding, Inc., Appellant.
    Argued January 8, 1948;
    decided March 5, 1948.

      Robert E. Curran for appellant.

      Coleman Charney and Harry Heller for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    New York Central Railroad Company, Appellant, v. New York and Harlem Railroad Company et al., Respondents, et al., Defendants, and Dorothy Hennesey, on Behalf of Herself and Other Stockholders of New York and Harlem Railroad Company, Similarly Situated, Intervener, Respondent.
    Argued January 12, 1948;
    decided March 5, 1948.

      Robert E. Whalen, Paul Folger, Samuel H. Eellenbrand and Frederick L. Wheeler for appellant.

      Alfred H. Townley and Frank W. Chambers for Westchester Fire Insurance Co., respondent.

      Edioard C. McLean and James L. Guilmartin for New York and Harlem Railroad Co., respondent.

      Benjamin P. DeWitt and Sidney Pfpper for Gilman S. Currier and another, respondents.

      Richard Steel for Grantz and Co., respondent.

      Herman 1. Lurie, Isidore Siegeltuch, Louis Kipnis, Joseph Nemerov, Nathan D. Shapiro and Morris Stark for Flora Pfeiffer and others, respondents.

      Frank Weinstein and Samuel J. Levinson for Samuel Kresberg, respondent.

      Carleton-S. Connor and Eugene Z. DuBose for William H. P. Oliver, respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Dye and Fuld, JJ. Taking no part, Thacher, J.


text:
    Alexander Eisemann, as Remaining Partner of the Firm of Alexander Eisemann & Co., Appellant, v. Fidelity & Deposit Company of Maryland, Respondent, et al., Defendants.
    Submitted January 5, 1948;
    decided March 5, 1948.

      Miriam H. Kamen for appellant.

      Stewart Maurice and Charles B. McNamee for respondent.
   Judgment affirmed, with costs upon the ground that the action is barred by the two-year Statute of Limitations. We pass upon no other question. No opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Thachbr, Dye and Fund, JJ.


text:
    Hattie G. Ruina, Respondent, v. Commercial Travelers Mutual Accident Association of America, Appellant.
    Submitted January 5, 1948;
    decided March 5, 1948.

      Charles J. Nehrbas and Henry C. Moses for appellant.

      Irving Barry for respondent.
   Judgment affirmed, with costs. The evidence presented an issue of fact as to whether -or not the notice of assessment was mailed. We pass upon no other question. No opinion.

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


text:
    The People of the State of New York ex rel. Gertrude V. Whitney, Appellant, against Harry B. Chambers et al., Constituting the Tax Commission of the City of New York, Respondents.
    Argued January 7, 1948;
    decided March 5, 1948.

      Charles Lamb, Walter L. Hopkins and Walter G. Dunnington for appellant.

      Charles E. Murphy, Corporation Counsel (Ira Wollison, William F. Murphy and Morris Handel of counsel), for respondents.
   Order affirmed, with costs; no opinion.

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


text:
    Harry Ginsberg, Respondent, v. Akos Horvath et al., Copartners Doing Business under the Name of Phillipsburg Textile Print Works, Appellant.
    Argued January 8, 1948;
    decided March 5, 1948.

      Robert Levine, Bernard 8. Kanton and Frederick E. M. Ballon for appellants.

      Samuel J. Siegel and Chester E. Frankel for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Loughban, Ch. J., Lewis, Conway, Desmond, Thacheb, Dye and Fund, JJ.


text:
    William Hruska, Appellant, v. James Stewart & Co., Inc., Respondent.
    Argued November 19, 1947;
    decided March 5, 1948.

      Orrin G. Judd, John P. Cohalan, Jr., Saul A. Shames and William H. Westerbeke for appellant.

      Frederick Mellor for respondent.
   Judgment affirmed, with costs, upon the ground that the record established plaintiff’s contributory negligence as matter of law. No opinion. [See 298 N. Y. 510.]

Concur: Lewis, Desmond, Thacher and Dye, JJ. Dissenting: Loughean, Ch. J., Conway and Fuld, JJ.


text:
    Joseph Marino, Appellant, v. Maurice J. Landberge, Respondent, et al., Defendants.
    Argued January 8, 1948;
    decided March 5, 1948.

      Aaron Frank, Gustave G. Rosenberg, Benjamin Eigg and Nathan L. Samuelson for appellant.

      Patrick E. Gibbons for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    New York City Omnibus Corporation et al., Appellants, v. Michael J. Quill, as President of Transport Workers Union of America, C. I. O., an Unincorporated Association, et al., Respondents.
    Argued January 15, 1948;
    decided March 11, 1948.

      Thomas F. Fennell, II, Samuel Seabury, Boykin G. Wright and William F. Hamilton for appellants.

      Harry Sacher for respondents.
   Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of the Claim of Charles Badler, Appellant, against Henry Krakoff et al., Respondents. Workmen’s Compensation Board, Respondent.
    Argued January 13, 1948;
    decided March 11, 1948.

      Abraham Marhhoff for appellant.

      Nathaniel L. Goldstein, Attorney-General (Gilbert M. Landy and Roy Wiedersum of counsel), for Workmen’s Compensation Board, respondent.
   Order affirmed, without costs; no opinion.

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


text:
    Paul Haberman et al., Copartners under the Firm Name of Charles and Milton A. Kimmelman, et al., Individually and as Stockholders and Holders of Voting Trust Certificates Representing Stock of New York Ambassador, Inc., Suing on Behalf of Themselves and for the Benefit of Said Corporation and of Other Stockholders and Voting Trust Certificate Holders of Said Corporation, Respondents, v. New York Ambassador, Inc., et al., Defendants, and H. M. Merriman et al., Appellants.
    Argued January 13, 1948;
    decided March 11, 1948.

      Milton M. Bergerman and Joseph Calderon for appellants.

      Charles L. Sylvester, Sidney Q. Kingsley and Joel K. Mithers for respondents.
   Order affirmed, with costs. Question certified answered in the affirmative. No opinion.

Concur: Loughkan, Ob. J., Lewis, Conway, Desmond, Thacheb, Dye and Fuld, JJ.


text:
    Nellie A. Tufts, Doing Business as E. M. Tufts Canning Co., Appellant, v. H. V. Stolz, Doing Business as The Williamson Canning Co., Respondent.
    Submitted January 15, 1948;
    decided March 11, 1948.

      Myron Wisoff and Joe Schapiro for appellant.

      Charles B. Brasser for respondent.
   Judgment affirmed, without costs; no opinion.

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


text:
    The People of the State of New York, Respondent v. Vincent P. Siciliano, Appellant.
    Argued January 8, 1948;
    decided March 11, 1948.

      Joseph Lonardo for appellant.

      Charles P. Sullivan, District Attorney {Henry W. Schober of counsel), for respondent.
   Judgment affirmed; no opinion.

Concur: Loughban, Ch. J., Lewis, Thacheb, Dye and Fuld, JJ. Dissenting: Conway and Desmond, JJ., upon the ground that the evidence was not sufficient to warrant the finding of the defendant’s guilt beyond a reasonable doubt.


text:
    George V. Eisler, Respondent, v. Eugene Soskin, Appellant.
    Submitted January 12, 1948;
    decided March 11, 1948.

      Isidor Enselman and Bernard A. Rosenblatt for appellant.

      George A. Spiegelberg for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of the Claim of Roy Butler, Respondent, against Grumman Aircraft Engineering Corporation et al., Appellants. Workmen’s Compensation Board, Respondent.
    Submitted January 13, 1948;
    decided March 11, 1948.

      Charles P. Barre for appellants.

      Nathaniel L. Goldstein; Attorney-General (Gilbert M. Landy and Roy Wiedersum of counsel), for respondent.
   Order affirmed, with costs; no opinion.

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


text:
    The People of the State of New York, Respondent, v. Abe Ringe, Appellant.
    Argued January 14, 1948;
    decided March 11, 1948.

      Jacob J. Rosenblum, William Francis Corson and Abraham Hornstein for appellant.

      Charles P. Sullivan, District Attorney (Henry W. Schober of counsel), for respondent.
   Judgment of conviction reversed and a new trial ordered upon the ground that the Trial Judge failed to deliver a correct charge as to the elements of felony murder and the subject of intoxication. No opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond and Fuld, JJ. Dissenting: Thacheb and Dye, JJ., who vote to affirm the judgment of conviction.


text:
    In the Matter of the Claim of Mary Pinto, Respondent, against Competent Fur Dressers, Inc., et al., Appellants, and State Insurance Fund, Respondent. Workmen’s Compensation Board, Respondent.
    Argued January 13, 1948;
    decided March 11, 1948.

      Sidney A. Schwartz and Fdtvard Ash for appellants.

      Nathaniel L. Goldstein, Attorney-General (Roy Wiedersum of counsel), for Workmen’s Compensation Board, respondent.

      Martin Shulman and Paul V. Potrillo for Mary Pinto, respondent.

      Bernard Katzen, General Attorney (George J. Hayes and Victor Fiddler of counsel), for the State Insurance Fund, respondent.
   Order affirmed, A/vith costs; no opinion.

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


text:
    Samuel Levy, as Receiver of 170 Broadway, City of New York, Respondent, v. Isaac Forma et al., Appellants.
    Argued January 15, 1948;
    decided March 11, 1948.

      Abraham Harris and Seymour Joseph for appellants.

      Morris J. Bricker and Sidney Schütz for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lotjghrae, Ch. J., Lewis, Coeway, Desmoed, Thacher, Dye and Ftjld, JJ.


text:
    In the Matter of the Claim of Caroline Brosowski, Respondent, against American Airlines, Inc., et al., Appellants. Workmen ’s Compensation Board, Respondent.
    Argued January 13, 1948;
    decided March 11, 1948.

      Sydney Weitser for appellants.

      Fremit A. Rossini for respondent.
   Order affirmed, with costs, and order absolute directed against appellants under the stipulation, and matter remitted to Workmen’s Compensation Board with directions to make award in favor of claimant. No opinion.

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


text:
    In the Matter of Ben Cohn, Appellant, against Clifford J. Fletcher, as Commissioner of the Bureau of Motor Vehicles, Respondent.
    Argued January 7, 1948;
    decided March 11, 1948.

      Harry 8. Travis for appellant.

      Nathaniel L. Goldstein, Attorney-General (Herman F. Nehlsen and Wendell P. Brown of counsel), for respondent.
   Order affirmed, with costs; no opinion.

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


text:
    The People of the State of New York, Respondent, v. George F. Brown, Appellant.
    Argued January 13, 1948;
    decided March 11, 1948.

      Frank 8. Hogan, District Attorney {Charles W. Manning, Whitman Knapp and Richard Q. Denser of counsel), for respondent.
   Judgment affirmed; no opinion.

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


text:
    In the Matter of the Claim of Norah Parkinson et al., Respondents, against Joseph Lavina, Doing Business as Beverly Pure Food Market, et al., Appellants. Workmen’s Compensation Board, Respondent.
    Argued January 14, 1948;
    decided March 11, 1948.

      Richards W. Hannah and William G. Morris for General Accident Fire and Life Assurance Corp., Ltd., appellant.

      Harry K. Nadell for Joseph Lavina, appellant.

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

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


text:
    Florence H. Rector, Respondent, v. First Trust and Deposit Company, as Executor of John E. Rector, Deceased, Appellant.
    Argued January 13, 1948;
    decided March 11, 1948.

      D. Charles O’Brien and Barton C. Meays for appellant.

      Albert Orenstein for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Loughran, Ch. J., Conway, Desmond, Thaoheb, Dye and Fuld, JJ. Taking no part: Lewis, J.


text:
    James Bergen, Appellant and Respondent, v. Fortis Contracting Co., Inc., et al., Respondents, and City of New York, Respondent and Appellant.
    Argued January 14, 1948;
    decided March 11, 1948.

      Irving A. Scheinberg for James Bergen, appellant.

      John P. McGrath, Corporation Counsel (Henry J. Shields, Seymour B. Quel and Joseph F. Mulqueen, Jr., of counsel), for City of New York, appellant.

      Patrick E. Gibbons for E. W. Foley, Inc., respondent.

      William L. Shumate for B. T. & J. J. Mack, Inc., respondent.

      Archie B. Morrison, John D. Lynn, William T. Rogers and Daniel Miner for Fortis Contracting Co., Inc., respondent.
   On plaintiff’s appeal: Judgment affirmed. On appeal of defendant City of New York: Judgment affirmed, with costs. No opinion.

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


text:
    Alexandra Restaurant, Inc., Respondent, v. New Hampshire Insurance Company of Manchester, Appellant.
    Argued January 15, 1948;
    decided March 11, 1948.

      Simon Greenhill and Joseph Greenhill for appellant.

      A. J. Asche and Alfred B. Nathan for respondent.
   Judgment affirmed, without costs; no opinion. .

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


text:
    Robert E. Dineen, Superintendent of Insurance of the State of New York, as Liquidator of Lawyers Westchester Mortgage and Title Company, Appellant, v. Trust Company of Northern Westchester et al., Defendants, and City of Mount Vernon, Respondent. Robert E. Dineen, Superintendent of Insurance of the State of New York, as Liquidator of Westchester Title & Trust Company, Appellant, v. Orie R. Kelly et al., Defendants, and City of Mount Vernon, Respondent.
    (Appeal No. 1.)
    (Appeal No. 2.)
    Submitted January 12, 1948;
    decided March 11, 1948.

      Joseph W. Bryan for motion.

      Harold Borgwald, Corporation Counsel (Irving Libenson of counsel), for City of Mount Vernon, 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:
    Bernard Gerla, Appellant, v. Bankers Trust Company, Individually and as Substituted Trustee under the Will of Albert S. Rosenbaum, Deceased, Respondent.
    Submitted March 1, 1948;
    decided March 11, 1948.

      John G. Clancy for motion.

      Orison 8. Mar den opposed.
   Motion dismissed, with $10 costs and necessary printing disbursements, unless, within fifteen days, proof is made by affidavit of facts showing that the motion was made within the time-limited by the Civil Practice Act, and all papers required by rule 21 (subd. [b]) of the Rules of the Court of Appeals are filed with the clerk.


text:
    Mollie Eagle, Appellant, v. Benjamin Cherney, Respondent, et al., Defendants.
    Submitted March 1, 1948;
    decided March 11, 1948.

      Joseph Apfel for motion.
    No one opposed.
   Motion dismissed, with $10 costs and necessary printing disbursements, unless, within fifteen days, all papers required by rule 21 (subd. [b]) of the Rules of the Court of Appeals are filed.


text:
    Irving Friedman, Individually and as Coadministrator of the Estate of Aron Storch, Deceased, Appellant, v. Lena Rosenthal, Respondent, et al., Defendants.
    Submitted March 1, 1948;
    decided March 11, 1948.

      Henry Gerson and Alexander Slater for motion.

      Nathan Davis, David Eallman and Philip Davis opposed.
   Motion dismissed, with $10 costs and necessary printing disbursements, unless within fifteen days, all papers required by rule 21 (subd. [b]) of the Rules of the Court of Appeals are .filed.


text:
    Martin Herskovitz, Respondent, v. Travelers Insurance Company, Appellant.
    Submitted March 1, 1948;
    decided March 11, 1948.

      Bernard J. McGlinn for motion.

      Federick Zorn 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:
    In the Matter of John R. O’Neill, Appellant, against Board of Regents of the University of the State of New York, Respondent.
    Argued March 1, 1948;
    decided March 11, 1948.

      Nathaniel L. Goldstein, Attorney-General (Henry 8. Manley of counsel), for motion.

      William Richter opposed.
   Motion denied, with leave to renew upon the argument.


text:
    In the Matter of Fiorlat Dairy Products Corporation, Appellant, against C. Chester Du Mond, as Commissioner of Agriculture and Markets of the State of New York, Respondent.
    Submitted March 1, 1948;
    decided March 11, 1948.

      Robert G. Blabey and Donald L. Brush for motion to dismiss appeal and in opposition to motion for leave to appeal.

      Samuel Rubinton and Leonard Acker for motion for leave to appeal and in opposition to motion to dismiss.
   Motion to dismiss appeal granted and appeal dismissed, with costs and $10 costs of motion.

Motion for leave to appeal denied, with $10 costs and necessary printing disbursements.


text:
    Fred Warner, Appellant, v. State of New York, Respondent.
    (Claim No. 27846.)
    Submitted March 1, 1948;
    decided March 11, 1948.
   Motion by appellant for reargument granted and case set down for Thursday, March 18, 1948.


text:
    The People of the State of New York, Appellant and Respondent, v. Max Becker, Respondent and Appellant.
    Submitted March 1, 1948;
    decided March 12, 1948.

      Nathaniel L. Goldstein, Attorney-General (William 8. Elder of counsel), and Theodore M. Coburn, District Attorney of Cayuga County, for plaintiff.

      Max Becker, defendant in person.
   Appeal taken as of right and motion for leave to appeal from the order of the Appellate Division which denied a motion by the defendant to dismiss appeals taken by the Attorney-General and the District Attorney of Cayuga County from an order of the Supreme Court granting a motion by the defendant to vacate a judgment of conviction and for resentence, dismissed on the ground that the order sought to be reviewed is not appeal-able to this court.

Appeal taken as of right from the order of the Appellate Division which granted a motion by the Attorney-General to stay proceedings in an article 78 proceeding dismissed. Motion for leave to appeal from the order of the Appellate Division which granted a motion by the Attorney-General to stay proceedings in an article 78 proceeding granted. We treat the order of the Appellate Division staying proceedings in the article 78 proceeding as a final order in a special proceeding.

Motion for permission to prosecute appeal as a poor person granted.

Motion for permission to have the appeal heard on the seven typewritten copies of the papers submitted on the motion and the one copy of the handprinted record on appeál granted. Case set down for argument on March 18, 1948.


text:
    Leonard Moretti, Respondent, v. Mary Gulino, Appellant.
    Argued March 1, 1948;
    decided March 18, 1948.

      James A. McKaigney for appellant.

      Harry P. Rich and Louis L. Resnich for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Thaoher, Dye and Fund, JJ.


text:
    John E. Murphy, Respondent, v. Daniel Mahoney, Appellant.
    Argued March 1, 1948;
    decided March 18, 1948.

      Nicholas G. Powers for appellant.

      Harold 8. Taylor and Edward F. Roman for respondent.
   Judgments reversed and the complaint dismissed, with costs in all courts, on the authority of Lippe v. Fink (233 App. Div. 754, affd. 257 N. Y. 577). No opinion.

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


text:
    Zara Contracting Co., Inc., Respondent, v. East Coast Lumber Terminal, Inc., Appellant.
    Submitted March 2, 1948;
    decided March 18, 1948.

      Myron Wisoff for appellant.

      Melvin J. Espach and Carl A. Espach for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lottghran, Ch. J., Lewis, Conway, Desmond, Thacher, Dye and Fuxd, JJ.


text:
    In the Matter of the Arbitration between Viro Realty Corporation, Appellant, and Daniel Belmont, Doing Business as Daniel the Caterer, Respondent.
    Argued March 1, 1948;
    decided March 18, 1948.

      Harold J. Treanor for appellant.

      Harry M. Krohow for respondent.
   Order affirmed, without costs; no opinion.

Concur: Loire he an, Ch. J., Lewis, Conway, Desmond, Thacher, Dye and Fuld, JJ.


text:
    Byron W. Todd et al., Appellants, v. Board of Education of the City of Syracuse, Respondent.
    Argued March 1, 1948;

    decided March 18, 1948.

      Charles R. Rinaldo and Leslie J. Schuyler for appellants.

      Lyle W. Eornbeck, Corf oration Counsel (George T. Driscoll of counsel), for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    The People of the State of New York, Respondent, v. Vito Rizzi, Appellant.
    Argued January 6, 1948;
    decided March 18, 1948.

      Joseph Lonardo for appellant.

      Frank 8. Kogan, District Attorney (Richard G. Denser and Whitman Knapp of counsel), for respondent.
   Judgment affirmed; no opinion.

Concur: Loughban, Ch. J., Conway, Thagheb, Dye and Ftjld, JJ. Desmond, J., dissents in following opinion in which Lewis, J., concurs.

Desmond, J.

(dissenting). During the trial, but out of the hearing of the jury, defendant’s counsel called to the court’s attention that defendant had just told counsel that defendant had spent some years of his youth, long before, in' Letchworth Village, a State institution for the feeble-minded (Mental Hygiene Law, § 120). The Trial Judge denied a motion by defendant’s counsel for the appointment of a lunacy commission, but arranged to have the defendant examined by a psychiatrist on the District Attorney’s staff. Next day, while the trial progressed, that psychiatrist, again out of the jury’s hearing, reported to the court that after an hour’s conversation with defendant, the psychiatrist had formed the definite impression that defendant was a “ high-grade ” moron, and of the “ feeble-minded group ”. Later defendant was called as his own witness. After lengthy examination and cross-examination he was asked, on redirect examination, whether he had for a couple of years ”, been confined at Letchworth Village, a place for mental defectives ”. The prosecutor objected on the ground that the inquiry was ‘ outside of the issues. ’ ’ The objection was sustained, exception was taken, and the trial ended without the jury ever being allowed to know that defendant, years before, had been in a State institution for the feeble-minded, and that he was feeble-minded at the time of the trial.

That evidence, we think, was clearly admissible at least1 as bearing on the question of whether defendant’s confession, if he made one (he denied it), was voluntary and true (People v. Joyce, 233 N. Y. 61, 70, 71), and as bearing on the question of whether defendant, if he was the killer, had an intent to commit the felony underlying the homicide (People v. Moran, 246 N. Y. 100, 103, and 249 N. Y. 179, 180; People v. Levan, 295 N. Y. 26, 33). Defendant’s counsel did all that was necessary to present this proof to the court. When the proof was rejected as ‘ outside Of the issues ’ ’, counsel could do no more than take an exception, as he did. The admissibility was plain, the error was clear. “ In such a case we may not lightly assume that a plain error of law in the trial of the case did not affect the substantial rights of the defendant.” (People v. Ferraro, 293 N. Y. 51, 56.)

The judgment should be reversed and a new trial ordered.


text:
    Franklin Barry, as Limited Administrator of the Estate of Thomas Barry, Deceased, Respondent, v. Darwin J. Waterstraw, Appellant.
    Argued March 1, 1948;
    decided March 18, 1948.

      Leo J. Bice for appellant.

      Harry A. Sessions for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Shirley Levy, Appellant, v. Boardwalk Skating Rink, Inc., Respondent.
    Submitted March 2, 1948;
    decided March 18, 1948.

      Isaac M. Rothenberg for appellant.

      Arthur 8. Gales for respondent.
   Judgment affirmed, without costs; no opinion.

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


text:
    In the Matter of the City of New York, Respondent, against New York Central Railroad Company et al., Appellants.
    Argued March 4, 1948;
    decided March 18, 1948.

      Gerald E. Dwyer, Frederick L. Wheeler and Edward R. Brumley for appellants.

      John P. McGrath, Corporation Counsel (Andrew Bellanca, William A. Marks and Sidney Brandes of counsel), for respondent.
   Order affirmed, with costs; no opinion. •

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


text:
    J. Howard Johnson, as Receiver, et al., Respondents, v. John M. Smith, as Treasurer of the County of Albany, et al., Appellants.
    Submitted March 1, 1948;
    decided March 18, 1948.
   Motion to amend remittitur denied, with $10 costs and necessary printing disbursements without prejudice to a further application following the possible entry of an order of the Appellate Division resettling, nunc pro tune, the court’s order granting permission to appeal to the Court of Appeals, [gee 297 N. Y. 165.]


text:
    The People of the State of New York, Respondent, v. Carl P. Spencer, Appellant.
    Submitted March 1, 1948;
    decided March 18, 1948.

      Carl P. Spencer for motion.
    No one opposed.
   Appeal, and motion for leave to appeal, dismissed on the ground that no appeal can be taken to this court from an order of the Appellate Division which denies leave to prosecute an appeal to that court on handwritten papers.


text:
    The People of the State of New York ex rel. George Godick, Appellant, against Walter B. Martin, as Warden of Attica State Prison, Respondent.
    Submitted March 1, 1948;
    decided March 18, 1948.

      George Godich, in person, for motion.
    No one opposed.
   Motion dismissed upon the ground that the order sought to he appealed from does not finally determine a special proceeding within the meaning of the Constitution.


text:
    The People of the State of New York, Respondent, v. Santo Caminito, Appellant.
    Submitted March 1, 1948;
    decided March 18, 1948.
   Motion 'by appellant for reargument denied. [See 291 N. Y. 541.]


text:
    The People of the State of New York, Respondent, v. Regis Williams, Appellant.
    Submitted March 1, 1948;
    decided March 18, 1948.

      Regis Williams, in person, for motion.
    No one opposed.
   Appeal dismissed and motion to prosecute appeal as a poor person denied.


text:
    Little Carnegie Realty Corporation, Landlord, Appellant, v. Delmonico Movienews Theatre, Inc., Tenant; First Run Films, Inc., Tenant, Respondent, et al., Undertenants.
    Argued March 1, 1948;
    decided March 18, 1948.

      Louis Niger and Walter S. Bech for motion.

      David C. Lewis and Leon Savage opposéd.
   Motion denied, with $10 costs.


text:
    The People of the State of New York ex rel. William Harrison, Appellant, against William E. Snyder, as Warden of Sing Sing Prison, Respondent.
    Submitted March 1, 1948;
    decided March 18, 1948.

      William Harrison, in person, for motion.
    No one opposed.
   Motion dismissed upon the ground that the order sought to be reviewed does not finally determine the proceeding in which it was entered, within the meaning of the Constitution.


text:
    Miss Susan, Inc., et al., Appellants and Respondents, v. Enterprise & Century Undergarment Co., Inc., Respondent and Appellant.
    Submitted March 1, 1948;
    decided March 18, 1948.
   Motion by plaintiffs for reargument denied, with $10 costs and necessary printing disbursements. [See 297 N. Y. 512.]


text:
    Cranford Company, Inc., Respondent, v. L. Leopold & Co., Inc., Defendants, and United States of America, Appellant.
    Submitted March 8, 1948;
    decided March 18, 1948.

      John F. X. McGohey, United States Attorney (James A. Devlin of counsel), for motion.

      Emil V. Pils opposed.
   Motion dismissed, with $10 costs and necessary printing disbursements, unless, within fifteen days, all papers required by rule 21 (subd. [b]) of the Rules of the Court of Appeals arq filed.


text:
    Mary Murphy, Appellant, v. Montgomery Ward & Company, Inc., Respondent. Joseph R. Murphy, Appellant, v. Montgomery Ward & Company, Inc., Respondent.
    Submitted March 15, 1948;
    decided March 18, 1948.

      Eugene.F. Sullivan for motion.

      Leyden E. Brown opposed.
   Motion granted upon payment by plaintiff, within ten days, of. $25 costs and disbursements; otherwise motion denied, with $10 costs.


text:
    In the Matter of the Claim of Alice C. Dearing, Respondent, against Union Free School District No. 1, Town of Tonawanda, et al., Appellants. Workmen’s Compensation Board, Respondent.
    Argued March 2, 1948;
    decided March 19, 1948.

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

      Behoyn B. Mach for respondent.
   Order of Appellate Division reversed and decision of Workmen’s Compensation Board reinstated, without costs, on the ground that there was substantial evidence for the board’s finding of fact that the injury did not arise out of and in the course of claimant’s employment, which finding of fact is, there- ' fore, final and conclusive. (Workmen’s Compensation Law, § 20.) No opinion.

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