text:
    Arpad Plesch et al., Respondents, v. Banque Nationale de la Republique d’Haiti, Appellant.
    Argued April 20, 1948;
    decided July 16, 1948.

      Adolf A. Berle, Jr., Robert E. Seabolt and Thorold J. Deyrup for appellant.

      Albert R. Connelly, Carlyle E. Maw, Ternes Grafstrom and Henry W. Trimble, Jr., for respondents.
   Per Curiam.

At least as regards the securities that were delivered into the custody of the defendant and kept in safekeeping accounts maintained by it in New York, we agree with the conclusion of a majority of the Appellate Division that the plaintiffs have made a prima facie showing of a cause of action in conversion which accrued in this State and is sufficient to withstand a motion to vacate the warrant of attachment. Since the motion was not one to modify, but only to vacate the warrant, we deem it unnecessary to determine whether the plaintiffs have made such a showing with respect to all the securities entrusted to the defendant’s custody, particularly those physically situated in Haiti at the time of the promulgation of the decrees of the Bepublic of Haiti on which the defendant relies. It is enough that as to a major portion of their claim we cannot say as matter of law on this record that the plaintiffs must ultimately be defeated (see American Reserve Ins. Co. v. China Ins. Co., 297 N. Y. 322, 325).

At Special Term the defendant claimed immunity from suit and from attachment of its property as a sovereign instrumentality of the Republic of Haiti, but that claim is not urged oh this appeal.

The order should be afi&rmed, with costs, and the question certified answered in the negative.

Loughran, Cli. J., Lewis, Conway, Desmond, Thacher, Dye and Ftjld, JJ., concur.

Order affirmed, etc.


source: Caselaw Access Project

license: Public Domain

text:
    Argued June 4, 1948;
    decided July 16, 1948.

      James B. Gitlits for Lansing W. Dekin and another, appellants.

      Fred A. Young for County of Lewis, appellant.

      George 8. Reed for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: LoughRAN, Ch. J., Lewis, DesmoND, Thacheb, Dye and Ftjld, JJ. Taking no part: CoNway, J.


text:
    John McArdle, Respondent, v. David Erlich, Defendant, and Jewish Memorial Hospital, Inc., Appellant.
    Argued June 7, 1948;
    decided July 16, 1948.

      Clarence E. Mellen for appellant.

      Paul O’Dwyer for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Cooper Union for the Advancement of Science and Art, Respondent, v. City of New York, Appellant.
    Argued June 8, 1948;
    decided July 16, 1948.

      John P. McGrath, Corporation Counsel (Morris Handel and William F. Murphy of counsel), for appellant.

      John W. Davis, Albert 8. Wright, 8. Hazard Gillespie, Jr., and Ellwood Thomas for respondent.
   Judgment affirmed, without costs; no opinion.

Concur: Loughban, Ch. J., Lewis, DesmoNB, Thacheb, Dye and Fuld, JJ. Taking no part: CoNway, J.


text:
    Julius et al., Suing on Their Own Behalf and on Behalf of All Other Similarly Situated Tenants of the Hotel Marcy, Respondents, v. Paul Ross et al., as Temporary City Housing Rent Commission, Defendants, and Bing & Bing, Inc., Appellant.
    Argued June 8, 1948;
    decided July 16, 1948.

      Alexander B. Siegel, Edgar E. Harrison and Ruth Ranson for appellant.

      Leon London and J. L. Nicoll for respondents.

      Nathan W. Math, William L. Messing, Joseph Jay and Alfred Weinstein for Temporary City Housing Bent Commission, amicus curice, in support of appellant’s position.

      Charles W. Merritt for Hotel Association of New York City, Inc., amicus curice, in support of appellant’s position.
   Order affirmed, with, costs. First and second questions certified answered in the affirmative. Third question certified answered in the negative. Fourth and fifth questions certified not answered. No opinion. [See 298 N. Y. 655.]

Concur: LotjghbaN, Ch. J., Lewis, DesmoND, Thaoheb, Dye and Fuld, JJ. Taking no part: CoNway, J.


text:
    In the Matter of the Claim of Fred Peloso, Respondent, against D’Alessio Brothers et al., Appellants. Workmen’s Compensation Board, Respondent.
    Argued June 10, 1948;
    decided July 16, 1948.

      Charles P. Barre for appellants.

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

Concur: LougheaN, Ch. J., Lewis, DesmoND, Thaoher, Dye and Fuld, JJ. Taking no part: CoNway, J.


text:
    In the Matter of the Probate of the Will of Sydell Keyser, Deceased. Adolph Keyser, as General Guardian of Ruth J. Keyser, an Infant, Appellant. Central Hanover Bank and Trust Company, as Executor, et al., Respondents.
    Argued May 17, 1948;
    decided July 16, 1948.

      James D. G. Murray, Francis B. Froehlich and Irving Green-berg for appellant.

      Francis 8. Bensel, Irving Albert and Hancock Griffin, Jr., for Central Hanover Bank and Trust Company, respondent.

      Gyrus Austin and Arthur W. Eckman for The First Church of Christ, Scientist, in Boston, Massachusetts, respondent.
   Order affirmed, with costs to all parties appearing separately and filing separate briefs pajmble out of the estate; no opinion.

Concur: LoughraN, Ch. J., Lewis, CoNWay, DesmoND,. Thacher, Dye and Fttld, JJ.


text:
    Everett J. Konz, Appellant, v. Theodore Bedell, Jr., as Comptroller of Nassau County, et al., Respondents.
    Argued May 19, 1948;
    decided July 16, 1948.

      Ferdinand I. Eater, John G. Bruckmann, Patrick M. Casey, Francis G. Parks and Nathaniel Taylor for appellant.

      Marcus G. Christ, County Attorney (G. Bur chard Smith and Francis J. Donovan of counsel), for respondents.
   Judgment affirmed, without costs; no opinion.

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


text:
    Eugene B. Doing Business as Eugene B. Dunkel Studios, Respondent, v. Albee McDonald, as President of Theatrical Contractors Association, a Voluntary Association Consisting of More Than Seven Members, et al., Appellants.
    Argued June 1, 1948;
    decided July 16, 1948.

      Lillian L. Poses and Abraham L. Shapiro for appellants.

      Martin Gottlieb for respondent.
   Judgment affirmed, without costs; no opinion.

Concur: LoitghbaN, Ch. J., Lewis, DesmoNd, Thacher, Dye and Fuld, JJ. Taking no part: CoNway, J.


text:
    In the Matter of the Arbitration between Brady Transfer & Storage Co., Respondent, and John Strong, as President of Local Union No. 807, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, et al., Appellants.
    Argued June 1, 1948;
    decided July 16, 1948.

      Louis B. Bouclin and Daniel W. Meyer for appellants.

      William Biederman, Harris J. Klein and Irving Klein for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: LougheaN, Cb. J., Lewis, DesmoND, Thacher, Dye and Fuld, JJ. Taking no part: CoNway, J.


text:
    Clifford J. Shannon, Respondent, v. Broadway & 41st Street Corporation, Appellant.
    Argued June 7, 1948;
    decided July 16, 1948.

      Julius S. Christensen for appellant.

      Edward J. Pacelli and Alexander Orr, Jr., for respondent.
   Judgment affirmed, with costs; no opinion.


text:
    Harold F. Kemp et al., on Behalf of Themselves and All Others Equally Interested, Respondents, v. Sophie Rubin et al., Appellants.
    Argued June 8, 1948;
    decided July 16, 1948.

      Paul R. Silverstein and Irving L. Schuh for Sophie Bubin, appellant.

      Andrew D. Weinberger and Vertner W. Tandy, Jr., for Samuel Bichardson, appellant.

      Frederick W. Newton for respondents.

      Newman Levy, Jacob Schaum, Will Maslow, Shad Polier, Jacob I. Grumet and Bertram Diamond for American Jewish Committee, American Jewish Congress and Anti-Defamation League of B’nai B’rith, amici curia, in support of appellants’ position.
   Judgments reversed and complaint dismissed, with costs in all courts. (See Shelley v. Kraemer, and McGhee v. Sipes, 334 U. S. 1.) No opinion.

Concur: LougheaN, Ch. J., Lewis, DesmoND, Thaohbb, Dye and Fuld, JJ. Taking no part: CoNWay, J.


text:
    In the Matter of Edward Bain, as Secretary-Treasurer of the United Retail & Wholesale Employees Union, Local 305, an Unincorporated Association, Respondent, against William J. Kelley, Respondent, and Keith Lobenz et al., Individually and Constituting the New York State Labor Relations Board, et al., Appellants.
    Argued June 9, 1948;
    decided July 16, 1948.
   Orders affirmed, with costs; no opinion.

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


text:
    Laura Olsen et al., Appellants, v. Jennie Kossack, Doing Business as Brooklyn Manor Garage, Respondent.
    Argued June 9, 1948;
    decided July 16, 1948.

      Joseph, J. Brophy, Desmond T. Barry, Edward A. Bhandell and George Brody for appellants.

      Walter L. Glenney for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of the Claim of Agnes H. Glavy, Widow, Respondent, against Bethlehem Steel Company, Appellant. Workmen’s Compensation Board, Respondent.
    Argued June 10, 1948;
    decided July 16, 1948.

      Solon J. Stone and William M. Fay for appellant.

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

Concur: LougheaN, Cb. J., Lewis, DesmoND, Thacher, Dye and Ftjld, JJ. Taking no part: CoNWAY, J.


text:
    Louis Burnstein, Appellant, v. Eda Haas, Respondent.
    Argued June 7, 1948;
    decided July 16, 1948.

      1. Maurice Wormser, Harry E. Kreindler and Julius H. Turetsky for appellant.

      Saul Gordon and John P. Wourms for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: LoughkaN, Ch. J., Lewis, DesmoND, Thacheh, Dye and Fuld, JJ. Taking no part: CoNway, J.


author: Dye, J.

text:
    George Wolf, Respondent, V. La Rosa & Sons, Inc., Defendant. V. La Rosa & Sons, Inc., Third Party Plaintiff, Appellant, v. Mike Krasilovsky, Inc., Third Party Defendant, Respondent, et al., Third Party Defendants.
    Submitted May 18, 1946;
    decided July 16, 1948.

      Edward F. Sweeney and Herbert F. Hastings, Jr., for third party appellant.

      William E. Lyons for third party respondent.
   Judgment affirmed, with costs; no opinion.

Concur: LotjghraN, Ch. J., Lewis, CoNWAy and Thacjher, JJ. Dye, J., dissents in the following memorandum, in which DesmoNd and Funn, JJ., concur.

Dye, J.

(dissenting). I dissent. The purpose of section 193-a was to facilitate interpleader practice so that claims related by questions of law and fact to both controversies would be disposed of at one trial, thus providing a simplified procedure without in any way changing the basic law of liability, the test of which is found in the phrase “ who is or may be liable ”. It is said this proceeding must fall as liability over is not established by reason of law for the answer in effect is alleging non-liability for negligence and the contract clause is not expressed in such unequivocal terms as to amount to an indemnity. The liability for tort was anticipated by the contract and when in its performance a person was injured, the one responsible should be called upon to excuse his act or be liable for its consequences'. It may be that the relationship of joint tort-feasor exists and affords a good excuse for nonjoinder by way of interpleader but this should not. operate as a bar to inter-pleader for liability over, which here depends upon the intention of the parties as gathered from the terms of the contract. In a motion of this sort directed to the sufficiency of pleading the allegations thereof must be accorded every reasonable inference. If we do so here, then the question exists as “ who is or may be ” liable and this being so, it is proper within the fair meaning of section 193-a, to interplead the third party so that all issues between them may be disposed of in one trial.


text:
    William O’Keeffe, Appellant, v. John F. Corbey, Respondent.
    Argued June 1, 1948;
    decided July 16, 1948.

      Edward IÍ. Hanlon. Bertrand L. Kohlmann and Walter E. Beverly, Jr., for appellant.

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

Concur: LoughraN, Ch. J., Lewis, DesmoND, Thacher, Dye and Fuld, JJ. Taking no part: CoNway, J.


text:
    The People of the State of New York, Respondent, v. Edward T. Beldegreen, Appellant.
    Argued June 7, 1948;
    decided July 16, 1948.

      Myron J. Greene and Martin Greene for appellant.

      Frank S. Hogan, District Attorney (Eugene A. Leiman and Whitman Knapp of counsel), for respondent.
   Judgment affirmed; no opinion. [See 298 N. Y. 641.]

Concur: LoughraN, Ch. J., Lewis, Thacher and Dye, JJ. DesmoND and JJ., dissent on the ground that section 270-a of the Penal Law, which is headed‘ ‘ Soliciting business on behalf of an attorney ” was not designed to, and does not apply to attorneys. Taking no part: CoNway, J.


text:
    Harrison-Rye Realty Corporation, Appellant, v. Lewis W. Crigler et al., Defendants, and New York State Teachers’ Retirement System, Respondent.
    Argued June 7, 1948;
    decided July 16, 1948.

      Arthur D. Brennan, Chester A. Slocum and James D. Hopkins for appellant.

      Gordon Miller for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of the Claim of Raphael Chiara, Appellant, against Villa Charlotte Bronte et al., Respondents. Workmen's Compensation Board, Respondent.
    Submitted June 8, 1948;
    decided July 16, 1948.

      Abraham Wilson and Harry R. Wilson for appellant.

      8. Chandler Fraser for respondents.
   Order affirmed, without costs; no opinion.

Concur: LoijgheaN, Ch. J., Lewis, DesmoNd, Thachek, Dye and JJ. Taking no part: J.


text:
    The People of the State of New York, Appellant and Respondent, v. Charles H. and William Respondents and Appellants.
    Argued June 9, 1948;
    decided July 16, 1948.

      Eenry Epstein and Robert Wolf for Charles Mullens, appellant.

      Abraham J. Qellinoff, Harold H. Corbin and Herman Hoffman for William Solomon, appellant.

      Frank 8. Hogan, District Attorney (Whitman Knapp, Eugene A. Leiman, Harold Roland Shapiro and Edgar J. Nathcm, 3d, of counsel), for respondent.
   Oedee of Appellate Division, insofar as it reverses that part of the order of the Conrt of General Sessions dismissing counts one and four of the indictment and denies defendants’ motion to dismiss said counts, reversed, and the order of the Court of General Sessions affirmed, and except as so modified order of Appellate Division affirmed. We do not find in the grand jury-minutes independent, nonaccomplice evidence sufficient in law (Code Crim. Pro., § 399) to corroborate the testimony given by the accomplice Walsey concerning the so-called 1935 transaction, and legally adequate to support counts 1 and 4. (People v. Mullens and Solomon, 292 N. Y. 408, 414-417; People v. Nitzberg, 289 N. Y. 523, 526, 530-531). No opinion.

Concur: Lottghran, Ch. J., Lewis, DesmoNd, Thacher and Dye, JJ. Taking no part: CoNway and Ftjld, JJ.


text:
    In the Matter of the Claim of Mamie Phillips, Respondent, against R. & M. Operating Corporation et al., Appellants. Workmen’s Compensation Board, Respondent.
    Argued June 10, 1948;
    decided July 16, 1948.

      Urban S. Mulvehill and E. G. Sherwood for appellants.

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

Concur: Ch. J., Lewis, DesmoNd, Thacheb, Dye and Fuld, JJ. Taking no part: CoNway, J.


text:
    Little Carnegie Realty Corporation, Appellant, Delmonico Movienews Theatre, Inc., Tenant; First Run Films, Inc., Tenant, Respondent, et al., Undertenants.
    Argued April 22, 1948;
    decided July 16, 1948.

      Samuel Seabury, George TrosTc, Floyd W. Tomkins, Jr., and Leon Savage for appellant.

      Louis Nizer and Walter S. Beck for respondent.
   Order affirmed, with costs; no opinion. [See 298 635.]

Concur: LoughraN, Ch. J., CoNway, DesmoND and Fuld, JJ. Lewis, Thacher and Dye, JJ., dissent on the ground that under the terms of the lease the landlord was entitled to terminate the leasehold.


text:
    In the Matter of Howard C. Schoen et al., Doing Business as North Shore Day School, Appellants, against Herbert S. Bowne et al., Constituting the Board of Zoning Appeals of the City of Glen Cove et al., Respondents.
    Submitted June 11, 1948;
    decided July 16, 1948.

      Milton PinJms for appellants.

      Jacob J. Pincus for respondents.

      Clarence F. Corner and Gilbert F. Regan for North County Colony and others, amici curiae, in support of respondents' position.
   Order affirmed, with costs; no opinion.

Concur: Ch. J., Lewis, Desmoud, Thacheb, Dye and Fuld, JJ. Taking no part: CoNway, J.


text:
    Ruth Linder, Appellant and Respondent, v. Hyman Linder, Respondent and Appellant.
    Submitted May 18, 1948;
    decided July 16, 1948.

      George G. Lake for plaintiff, appellant and respondent.

      Allen Murray Myers for defendant, respondent and appellant.
   Order affirmed, without costs; no opinion.

Concur: LoughbaN, Ch. J., Lewis, CoNway, Desmond, Thaohee, Dye and Fum, JJ.


text:
    In the Matter of the Probate of the Will of Edward J. Fitzgerald, Deceased. Arthur Bruan, as Executor and Trustee Named in the Will of Edward J. Fitzgerald, Deceased, et al., Respondents; Mary E. Fitzgerald, Appellant.
    Argued May 20, 1948;
    decided July 16, 1948.

      Martin J. Cunningham and John F. Dufficy for appellant.

      Jacob W. Friedman and Arthur Bruan, in person, for Arthur Bruan, respondent.

      Maurice Giaimo, Special Guardian for Clyde K. Fitzgerald, in person, and Frank M. Nicolosi for Maurice G-iaimo, respondent.
   Order affirmed, with costs to all parties appearing separately and filing separate briefs payable out of the estate; no opinion.


text:
    Tams-Witmark Music Library, Inc., Appellant, v. New Opera Company, Inc., Respondent, and Daniel L. Brown, Impleaded Defendant-Appellant, et al., Defendants.
    Argued 9, 1948;
    decided July 16, 1948.

      Louis Ohin and Saul J. Baron for motion.

      Albert B. Connelly, George S. Collins and Jack W. Bobbins opposed.
   Motion denied.


text:
    New York Casualty Company, Respondent, Peter Kuhn, et al., Appellants.
    Argued May 17, 1948;
    decided July 16, 1948.

      Walter Riggins for motion.

      James F. Donnelly and David Targe opposed.
   Motion denied, with $10 costs.


text:
    The People of the State of New York, Respondent, v. Anthony Appellant.
    Submitted June 7, 1948;
    decided July 16, 1948.
   Motion for reargument denied. [See 281 N. Y. 834.]


text:
    In the Matter of Nancy Davids et al., Appellants, against Luise M. Sillcox, as Executive Secretary of the Authors’ League of America, Inc., et al., Respondents.
    Submitted June 11, 1948;
    decided July 16, 1948.
   Motion for reargument and for a stay denied, with $10 costs and necessary printing disbursements. [See 297 N. Y. 355.]


text:
    D. Leiman et al., Respondents, v. Alexander Guttman et al., Individually and as Officers and Members of the Committee of Preferred Stockholders of Pittsburgh Terminal Coal Corporation et al., Appellants, et al., Defendants.
    Submitted July 16, 1948;
    decided July 16, 1948.
   Motion for reargument denied, with $10 costs and necessary printing disbursements. [See 297 N. Y. 201.]


text:
    The People of the State of New York, Respondent, v. William Davidson, Appellant.
    Submitted July 16, 1948;
    decided July 16, 1948.
   Motion for reargument denied. [See 297 N. Y. 894.]


text:
    In the Matter of the Claim of Beulah Gaurin, on Behalf of Herself, as Widow, and Dependent Minor Children, on Account of the Death of Gerald G. Gaurin, Respondent, against Bagley & Sewall Company et al., Appellants. Workmen’s Compensation Board, Respondent.
    Submitted June 16, 1948;
    decided July 16, 1948.
   Motion for reargument denied, with $10 costs and necessary printing disbursements. [See 298 N. Y. 511.]


text:
    Edith E. McClintock, as Administratrix of the Estate of Thomas McClintock, Deceased, Respondent, Albert E. Santana, Doing Business as Daytime Dress Company. Appellant.
    Submitted July 16, 1948;
    decided July 16, 1948.
   Motion by appellant for reargument and a stay denied, with $10 costs and necessary printing disbursements. [See 297 N. Y. 988.]


text:
    J. Freeman Dixon et al., Appellants, v. New York Trap Rock Corporation, Respondent.
    Submitted July 16, 1948;
    decided July 16, 1948.

      Elijah T. Russel for motion.

      Joseph Diehl Faohenthál and George M. Northrop opposed.
   Motion dismissed, with $10 costs and necessary printing disbursements unless, within fifteen days, all papers required by rule 21 (subd. [b]) of the Buies of the Court of Appeals are filed.


text:
    In the Matter of the Arbitration between Brenda Modes, Inc., Appellant, and Arcola Fabrics Corp., Respondent (Proceeding No. 1). In the Matter of the Arbitration between Arcola Fabrics Corp., Respondent, and Brenda Modes, Inc., Appellant (Proceeding No. 2).
    Submitted June 16, 1948;
    decided July 16, 1948.

      Morris K. Bauer for motion.

      Sidney B. Josephson opposed.
   Motion denied with leave to renew upon argument.


text:
    In the Matter of the Claim of William Schosek, Respondent, against Certain-Teed Products Corporation, et al., Appellants. Workmen’s Compensation Respondent.
    Submitted July 16, 1948;
    decided July 16, 1948.
   Motion dismissed, with $10 costs and necessary printing disbursements unless, within fifteen days, all papers required by rule 21 (subd. [b]) of Rules of the Court of Appeals are filed.


text:
    Theresa Torre, as Administratrix of the Estate of Emilio Torre, Deceased, Respondent, v. Compania Sud Americana de Vapores, Also Known as Chilean Line, Appellant, and John W. McGrath Corporation, Impleaded Defendant-Respondent.
    Submitted July 16, 1948;
    decided July 16, 1948.

      Frederick K. Cunningham and Nicholas D. Lamorte for motion.

      Isidore Halpern, Bernard Meyerson and Jacob Kirsch for plaintiff, opposed.

      William B. Shelton and John J. O’Connor for impleaded defendant-respondent, 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:
    Sylvester J. Liebermann, Appellant, v. Sol Tekulsky, as Executor of Carrie G. Tekulsky, Deceased, Respondent.
    Submitted July 16, 1948;
    decided July 16, 1948.

      Alexander E. Rosenthal, Irving Tenenbaum and Morris Fish for motion.

      Daniel J. Madigan 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:
    In the Matter of the Claim of Alex A. Fabricant, et al., Appellants, against City of New York, Respondent.
    Submitted June 7, 1948;
    decided July 16, 1948.

      Philip Korn and Jacob 8. Spiro for motion.
    No one opposed.
   Motion denied, with $10 costs and necessary printing disbursements on the ground that the appeal lies as of right. '


text:
    New York Casualty Company, Respondent, v. Peter R. Kuhn et al., Appellants.
    Submitted June 1, 1948;
    decided July 16, 1948.

      James F. Donnelly and Louis B. Davidson for motion.

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


text:
    The People of the State of New York, Respondent, v. Irving C. Dederer (True Name Peter Reynolds), Appellant.
    Submitted June 1, 1948;
    decided July 16, 1948.

      Irving G. Dederer, in person, for motion.
    No one opposed.
   Motion denied on the ground that the order of the Appellate Division is not appealable to the Court of Appeals.


text:
    In the Matter of Max Becker, Appellant, against Francis J. Sinnott, as Clerk of the County Court of Kings County, et al., Respondents.
    Submitted June 1, 1948;
    decided July 16, 1948.

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

      Max Becker, in person, for motion for leave to appeal.
   Motion to dismiss appeal granted and appeal dismissed. Motion for leave to appeal denied.


text:
    Helen Rutan, Appellant, v. Martin McVoy, Respondent.
    Submitted June 1, 1948;
    decided July 16, 1948.

      Irving D. Friedman for motion to dismiss appeal and in opposition to countermotion for leave to appeal.

      Alexander Chananau for motion for leave to appeal and in opposition to motion to dismiss appeal.


text:
    In the Matter of Morris et al, Appellants, against Thomas F. et al., Constituting the Board of Elections of Albany County, Respondents, and John J. Kiley et al., Respondents.
    Argued August 20, 1948;
    decided August 20, 1948.

      Milton H. Friedman, Morris Zuckman and Sidney Fox for appellants.

      Daniel H. Prior for respondents.
   Order affirmed, without costs; no opinion.

Concur: LoughbáN, Ch. J., Lewis, Conwat and Dte, JJ. DesmoNd and Fuld, JJ., dissent and vote to reinstate the order of Special Term in the following memorandum: “ The court, all agree, may review the facts and determine where the weight of evidence lies (Civ. Prac. Act, §§ 440, 602, 605). We with the majority in that we believe that the weight of evidence favors the determination made at Special Term. Taking no part: Thacher, J.


text:
    In the Matter of Frank Serri, Respondent, against William J. Heffernan et al., Constituting the Board of Elections in the City of New York, Respondents; Albert J. Addeo et al., Appellants.
    Argued August 20, 1948;
    decided August 20, 1948.

      George Rosling and Sidney Squire for appellants.

      Milton H. Friedman for respondent.

      John P. McGrath, Corporation Counsel (Angela Parisi of counsel), for Board of Elections, respondent.
   Order affirmed, with costs. Question certified not answered. No opinion.

Concur: LougheaN, Ch. J., Lewis, DesmoND and Fuld, JJ. Conway and Dye, JJ., dissent upon the ground that in view of the failure of the petitioner-respondent to comply with the provisions of the order of Mr. Justice within the statutory period, no jurisdiction over appellants was obtained. (Election Law, § 330, subd. 1; § 335; Matter of King v. Cohen, 293 N. Y. 435; Matter of Constantino, 286 N. Y. 681; Matter of Torre v. Heffernan, 296 N. Y. 624; Matter of Kram v. Cohen, 293 N. Y. 746.) Taking no part: Tecacheb, J.


text:
    Nathan Rosenbluth, Appellant, v. Sol et al., Respondents.
    Submitted October 4, 1948;
    decided October 6, 1948.

      Milton M. Eisenberg for motion.

      Herbert L. Fine and Samuel Douglas opposed.
   Motion denied (Civ. Prac. Act, § 558; Siegelbaum v. Dowling, 279 N. Y. 22). The time within which respondents may serve and file copies of the points to be relied on by them is extended to twenty days after entry of the order hereon.


text:
    Angela Ravaud, Appellant, v. Jean Ravaud, Respondent.
    Submitted October 4, 1948;
    decided October 6, 1948.

      Jules Jacobs for motion.

      Louis Merlino and Parnell J. T. Callahan opposed.
   Motion denied, without costs.


text:
    Sutton Carpet Plaintiff, v. Firemen’s Insurance Company of Newark, New Jersey, Defendant. Ruth C. Wright, Appellant, v. Hyman Levine et al., Defendants, and Firemen’s Insurance Company of Newark, New Jersey, Respondent.
    Submitted July 16, 1948;
    decided October 7, 1948.

      Joseph L. Forscher for motion.

      John L. Fletcher 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:
    Jennie Martinico, Plaintiff, v. Clarence C. Felter et al., Defendants. Harold T. Sherwood et al., as Executors of Bert C. Fuller, Deceased, Purchaser, Appellant; Michael Jensen, Tenant, Defendant.
    Submitted July 16, 1948;
    decided October 7, 1948.

      K. Courtenay Johnston for
    No one 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. (See East Brooklyn Sav. Bank v. Hickman Realty Corp., 297 N. Y. 975.)


text:
    In the Matter of the Claim of Matthew Slawinski, Respondent, against J. H. Williams & Co. et al., Appellants. Workmen’s Compensation Board, Respondent.
    Submitted October 4, 1948;
    decided October 7, 1948.


text:
    In the Matter of the Probate of the Will of Chico Schneider, Deceased. Lisa P. Schneider et al., Appellants; Rita A. Mahool et al., Respondents.
    Submitted October 4, 1948;
    decided October 7, 1948.
   Motion for' reargument, etc., denied, with $10 costs and necessary printing disbursements. [See 298 N. Y. 532.]


text:
    Little Carnegie Realty Corporation, Appellant, v. Movienews Theatre, Tenant; First Run Films, Inc., Tenant, Respondent, et al., Undertenants.
    Submitted October 4, 1948;
    decided October 7, 1948.
   Motion for reargument denied, with. $10 costs and necessary printing disbursements. [See 298 N. Y. 609.]


text:
    The People of the State of New York, Respondent, v. Whitcomb, Appellant.
    Submitted October 4, 1948;
    decided October 7, 1948.

      Charles J. McDonough for motion.

      Gordon Steele, District Attorney (Robert S. Lesher of counsel), opposed.
   Motion dismissed on the ground that the order was made in a proceeding originally commenced in a court other than the Supreme Court, a County Court, a Surrogate’s Court or the Court of Claims (Civ. Prac. Act, § 589, subd. 1, par. [b] ; N. Y. Const., art. VI, § 7, subd. [6]).


text:
    John O. Godbout, as General Guardian of Betty C. Irwin, an Infant, and as Administrator of the Estate of John N. Irwin, Deceased, Respondent, v. Annie L. Irwin, Defendant, and Arthur P. Geele, Jr., et al., Appellants.
    Submitted October 4, 1948;
    decided October 7, 1948.

      Alfred E. Buck for motion.
   •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 Maxwell M. Wallach, Petitioner, against David W. Peck, Presiding Justice of the Appellate Division of the Supreme Court in the First Judicial Department, et al., as Members of and Constituting an Administrative Board in the Disciplinary Proceeding Instituted Against Petitioner, Respondents.
    Submitted October 4, 1948;
    decided October 7, 1948.
   Petition for an order annulling a determination of respondents which on the presentation of newly discovered evidence denied to the petitioner a hearing and reopening of the original disciplinary proceeding; that a hearing he granted to the petitioner on newly discovered evidence together with a reopening of the original disciplinary proceeding and a change of venue to the third judicial department unless the Court of Appeals will conduct said hearing, dismissed. [See 246 App. Div. 213, 247 App. Div. 769, 271 N. Y. 666, and 274 App. Div. 789.]


text:
    Abco Moving & Storage Corp., Appellant, v. New York Telephone Company, Respondent.
    Submitted October 4, 1948;
    decided October 7, 1948.

      Herbert Burstein for motion.

      Ralph W. Brown and Irving W. Young opposed.
   Motion for leave to appeal 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:
    The People of the State of New York ex rel. John L. Madden, Appellant, against F. Foster, as Warden of Auburn State Prison, Respondent.
    Submitted October 4, 1948;
    decided October 7, 1948.
   Motion for reargument denied. [See 297 N. Y. 925.]


text:
    Laurie J. Carpenter, Appellant, v. State of New York, Respondent.
    (Claim No. 28296.)
    Submitted October 4, 1948;
    decided October 7, 1948.

      Nathaniel L. Goldstein, Attorney-General (Wortley B. Paul of counsel), for motion.

      Laurie J. Carpenter, in person, opposed.


text:
    Morrison Estates, Inc., Appellant, v. Garage, Inc., et al., Respondents, et al., Defendants.
    Submitted October 4, 1948;
    decided October 7, 1948.

      Neilson Olcott, John H. Jackson and John T. Norton for motion.

      Harold H. Levin, Sidney J. Silb'erman and John Barsha 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:
    In the Matter of the Accounting of City Bank Farmers Trust Company, as Cotrustee under the Will of Thomas J. Ronan, Deceased. Mary J. Ronan, as Cotrustee, et al., Appellants; City Bank Farmers Trust Company, et al., Respondents.
    Submitted October 4, 1948;
    decided October 7, 1948.

      James T. Bredin and Roy P. Monahan for motion.

      Arthur V. McDermott 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:
    New York Credit Men’s Association, as Trustee in Bankruptcy of Louis Miller, Trading as Louis Miller & Co., and Bridgeville Shirt Co., Appellant, v. Manufacturers Discount Corporation, Respondent.
    Submitted October 4, 1948;
    decided October 7, 1948.
   Motion for reargument or to amend remittitur denied, with $10 costs and necessary printing disbursements. [See 298 N. Y. 512.]


text:
    Frederick G. Quern, Appellant, v. George F. Haggerty, Respondent.
    Submitted October 4, 1948;
    decided October 7, 1948.

      Charles J. Buchner for motion.

      Joseph J aspan opposed.
   Motion dismissed, with $10 costs and necessary printing disbursements upon tbe ground tbat tbe order does not finally determine tbe action witbin tbe meaning of tbe Constitution.


text:
    The People of the State of New York, Respondent, Edward T. Beldegreen, Appellant.
    Submitted October 4, 1948;
    decided October 7, 1948.
   Motion to amend remittitur granted. Return of remittitur requested and when returned it will be amended by adding thereto tbe following: “A question under tbe Constitution of tbe United States was presented and necessarily passed upon. Tbe defendant-appellant contended tbat bis conviction under section 270-a of tbe Penal Law of tbe State of New York was violative of tbe Fourteenth Amendment of tbe Constitution of tbe United States. This court held to tbe contrary.” [See 298 N. Y. 601.]


text:
    Submitted October 4, 1948;
    decided October 7, 1948.
   Motion for reargument denied, with $10 costs and necessary printing disbursements. [See 297 N. Y. 979.]


text:
    Isidore Silverman, as Receiver of Morris Levy, Respondent, v. Morris Levy et al., Appellants, et al., Defendants.
    Submitted October 4, 1948;
    decided October 7, 1948.

      Samuel Komoroff for motion.

      Robert E. Perm opposed.
   Motion denied and case set down for argument during November, 1948, session.


text:
    Frances M. Orth et al., Respondents, v. Kane Construction Company et al., Appellants.
    Submitted October 4, 1948;
    decided October 7, 1948.

      Joseph Feinstein for motion.

      Sidney S. Levine opposed.
   Motion granted and appeal dismissed, with costs and $10 costs of motion, unless the appellants within ten days from the date of the order hereon serve and file the required undertaking and pay $10 costs, and within twenty days from the date of the order hereon appellants file the record on appeal, in which event motion denied.


text:
    City Bank Farmers Trust Company, as Trustee, Respondent, v. Seconset Corporation, Appellant.
    Argued October 4, 1948;
    decided October 14, 1948.

      Granville Whittlesey, Jr., and Douglas V. Lewis for appellant.

      Milton R. Friedman for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: LoughraN, Ch. J., Lewis, Oouwav, DesmoND, Dye and Fuld, JJ. Taking no part: Thacher, J.


text:
    The People of the State of New York ex rel. New York School for the Deaf, Appellant, against Howard E. Townsend et al., as Assessors of the Town of Greenburgh, Respondents.
    Argued October 4, 1948;
    decided October 14, 1948.

      William M. Evarts and Howard E. Thomas for appellant. Gerald Fits Gerald and Edward Conrad Glune for respondents. . ■
   Orders affirmed, one bill of costs to respondents; no opinion.

Concur: LougheaN, Ch. J., Lewis, CoNway, Desmoito, Dye and Ftjld, JJ. Taking no part: Thacher, J.


text:
    The People of the State of New York ex rel. James Farnsworth, Appellant, against John F. Foster, as Warden of Auburn State Prison, Respondent.
    Argued October 4, 1948;
    decided October 14, 1948.

      James M. Ryan for appellant.

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

Concur: LoughbaN, Ch. J., Lewis, Cowwat, Desmoxd, Dye and Ftjld, JJ. Taking no part: Thacher, J.


text:
    In the Matter of the Accounting of Georgette G. V. Fahnestock et al., as Executors, and of Harris Fahnestock, Jr., et al., as Trustees under the Will of Harris Fahnestock, Deceased, Respondents. Georgette G. V. Fahnestock et al., Respondents; Harris Fahnestock, Jr., et al., Appellants.
    Argued October 4, 1948;
    decided October 14, 1948.

      William E. Jackson, Jr., for appellants.
   Order affirmed, with costs to all parties appearing separately and filing separate briefs payable out of the estate; no opinion.

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


text:
    City of Newburgh, Respondent, v. Park Filling Station, Inc., Appellant.
    Submitted October 5, 1948;
    decided October 14, 1948.

      Henry Hirschberg, Ernest M. Levinson and Isadore Shapiro for appellant.

      Henry Grushy, Corporation Counsel, for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lougheax, Ch. J., Lewis, CoNway, DesmoNd, Dye and Fuld, JJ. Taking no part: Thacheb, J.


text:
    Sophie Hodge, as Administratrix of the Estate of John Hodge, Deceased, Appellant, v. Frederic E. Lyford, as Trustee in Bankruptcy of New York, Ontario & Western Railway Company, Respondent.
    Submitted October 5, 1948;
    decided October 14, 1948.

      Jameé Dempsey, Bartholomew A. Moynaham and Louis L. Berko for appellant.

      Willard B. Vander Voort for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: LoltgheaN, Ch. J., Lewis, CoNWAY, DesmoNd, Dye and IpiiLD, JJ. Taking no part: Thaghee, J.


text:
    In the Matter of the Probate of the Will of Daniel B. Leary, Deceased. Mabel O. Leary et al., Appellants; Adelle H. Land, Respondent.
    Argued June 1, 1948;
    decided October 14, 1948.

      Henry A. Lytle for motion.

      Abraham Roth opposed.
   Motion granted and appeal dismissed, with costs and $10 costs of motion.


text:
    In the Matter of the Claim of Edward A. Pudsey, Respondent, v. New York Central Railroad Company et al., Appellants. Workmen’s Compensation Board, Respondent.
    Submitted October 4, 1948;
    decided October 14, 1948.

      J ohn M. Cullen for motion.

      Nathaniel L. Goldstein, Attorney-General (Roy Wiedersum of counsel), opposed.
   Motion dismissed, with $10 costs and necessáry printing disbursements, upon the ground that the papers were not served and filed within the time fixed by subdivision 3 of section 592 of the Civil Practice Act.


text:
    Albert Brown, Respondent, v. Manshul Realty Corporation, Appellant.
    Submitted October 4, 1948;
    decided October 14, 1948.
   Motion denied, with $10 costs.


text:
    Julius Luftman et al., Suing on Their Own Behalf and on Behalf of All Other Similarly Situated Tenants of the Hotel Marcy, Respondents, v. Paul Ross et al., as Temporary City Housing Rent Commission, Defendants, and Bing & Bing, Inc., Appellant.
    Submitted October 11, 1948;
    decided October 16, 1948.
   Motion for reargument denied, with $10 costs and necessary printing disbursements. [See 298 N. Y. 579.]


text:
    Charles Moore et al., Appellants, v. Marion T. Austin et al., Respondents.
    Submitted October 11, 1948;
    decided October 14, 1948.

      Benjamin Shebar for motion.

      Clinton M: Flint opposed.
   Motion granted and appeal dismissed, with costs and $10 costs of motion, unless appellants serve and file an undertaking on appeal and pay $10 costs within ten days in which event motion denied.


text:
    Francis Krebs, Plaintiff, v. John O. Krebs, Defendant. Charles E. Hart, Appellant.
    Submitted October 11, 1948;
    decided October 14, 1948.

      Theodore A. Viehe for motion.

      Leroy Stein 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 Albert L. Donnellon et al., Appellants, against William J. Heffernan et al., Constituting the Board of Elections of the City of New York, et al., Respondents. Thomas J. Curran et al., Interveners, Respondents.
    Argued October 14, 1948;
    decided October 18, 1948.

      Jerome Vale and A. L. Sainer for appellants.

      Louis J. Lefkowits and Paxton Blair for respondents.
   Order affirmed, without costs; no opinion.

Concur: LoughbaN, Ch. J., Lewis, Cohwat, DesmoNd, Dye and Fuld, JJ. Taking no part: Teaches,, J.


text:
    In the Matter of the Application of Frances S. Connolly et al., Appellant, against Murray W. Stand, as City Clerk of the City of New York et al., Respondents. Saul Mills et al., Interveners, Appellants; Robert W. Dowling, Intervener, Respondent.
    Argued October 14, 1948;
    decided October 18, 1948.

      Paul L. Ross, Hyman N. Glickstein and Hyman Joseph for Frances S. Connolly, appellant.

      John P. McGrath, Corporation Counsel (W. Bernard Rich-land, Bernard Friedlander and Victor F. Condello of counsel), for Murray W. Stand and others, respondents.

      Reginald S. Hardy for J ames Clarke and another, respondents.

      H. H. Nordlinger, Harold Riegelman and Robert C. Isaacs for Robert W. Dowling, intervener, respondent.
   Order affirmed, without costs; no opinion.

Concur: LoughraN, Ch. J., Lewis, DesmoND, Dye and JJ. Taking no part: Thacher. J.


text:
    In the Matter of James T. McNamara, Appellant, against William J. Heffernan et al., Constituting the Board of Elections of the City of New York et al., Respondents.
    Argued October 14, 1948;
    decided October 18, 1948.

      Aaron Frank, Charles Horowitz, Nathan L. Samuelson and Benjamin Gassman for appellant.

      Louis J. Lefkowits and 'Paxton Blair for Howard Henig, respondent.
   Order affirmed, without costs; no opinion.

Concur: LoughraN, Ch. J., Lewis, CoNway, DesmoNd, Dye and Fuld, JJ. Taking no part: Thacher, J.


text:
    In the Matter of Vito Marcantonio et al., Respondents, against William J. Heffernan et al., Constituting the Board of Elections of the City of New York, et al., Respondents. John A. Mullen et al., Appellants. Thomas J. Curran et al., Interveners, Respondents.
    Argued October 14, 1948;
    decided October 18, 1948.

      Jerome Vale and A. L. Sainer for appellants.

      Louis J. Lefhowits, Samuel M. Blinkin and Paxton Blair for respondents.
   Order affirmed, without costs; no opinion.

Concur: LougheaN, Ch. J., Lewis, CoNWAy, Dye and Fuld, JJ. Taking no part: Thachee, J. ■ -


text:
    George Cooper, as Administrator of the Estate of Robert L. Cooper, Deceased, Respondent, v. State of New York, Appellant.
    (Claim No. 28190.)
    Argued October 5, 1948;
    decided October 21, 1948.

      Nathaniel L. Goldstein, Attorney-General (John R. Davison, Wendell P. Brown and Ronald E. Coleman of counsel), for appellant.

      John T. Ryan and Milton Kaplan for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: LoughraN, Ch. J., Lewis, CoNWAy, DesmoNd and Dye, JJ. Taking no part: Teacher and Fuld, JJ.


text:
    In the Matter of Joseph et al., Respondents, against Harris H. Murdock et al., Constituting the Board of Standards and Appeals of the City of New York, Appellants.
    Argued October 6, 1948;
    decided October 21, 1948.

      John P. McGrath, Corporation Counsel (Joseph J. Lucchi and Seymour B. Quel of counsel), for appellants.

      Sydney S. Levine for respondents.
   Order affirmed, with costs; no opinion.

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


text:
    In the Matter of the Accounting of Guaranty Trust Company of New York, as Trustee under the Will of Annie M. Cummings, Deceased, Respondent. Lillian Cummings, Individually and as Administratrix of the Estate of George S. Cummings, Deceased, et al., Appellants; Edith A. Merritt, Respondent.
    Argued October 7, 1948;
    decided October 21, 1948.

      Naomi Ransom,, Joseph Fischer and Jesse Uemley for appellants.

      Earl A. Darr for Edith A. Merritt, respondent.
   Order affirmed, with costs to respondents payable out of the fund; no opinion.

Concur: LoughraN, Ch. J., Lewis, CoNwat, Dye and Ftjld, JJ. TaMng no part: Thacher, J.


text:
    In the Matter of Barry Equity Corp., Appellant. Jacob Elishewitz & Sons Co., Inc., Respondent.
    Argued October 11, 1948;
    decided October 21, 1948.

      Stanley Bogart and Murray 1. Sommer for appellant.

      Norman A. Coplan, Frederic E. Hammer and Eugene M. Parter for respondent.
   Order affirmed, with costs; no opinion.

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


text:
    Alan David, Appellant, v. Leo et al., Respondents.
    Argued October 7, 1948;
    decided October 21, 1948.
   Judgment affirmed, with costs; no opinion.

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


text:
    Harry S. Pollack, Respondent, v. Cynthia K. Viele et al., Defendants, and Joseph Harper, Appellant.
    Argued October 5, 1948;
    decided October 21, 1948.

      John B. Wheeler for appellant.

      Frank H. Connelly, Jr., and William M. Pollack for respondent.
   Judgment affirmed, with costs; no opinion.

ConcurLoughrah, Cb. J., Lewis, CoNway, DesmoND, Dye and Fuld, JJ. Taking no part: Thacher, J.


text:
    The People of the State of New York, Respondent, v. Dictograph Products Inc., Appellant.
    Argued October 6, 1948;
    decided October 21, 1948.

      Theodore F. TonTconogy and Arthur W. Baily for appellant.

      John P. McGrath, Corporation Counsel (Samuel D. Johnson and Seymour B. Quel of counsel), for respondent.
   Judgments reversed and information dismissed upon the ground that upon the undisputed facts the defendant did not violate section 272 of the Labor Law. No opinion.

Concur: Loughrah, Ch. J., Lewis, CoNway, DesmoNd, Dye and Fule, JJ. Taking no part: Thacher, J.


text:
    The People of the State of New York, Respondent, v. Enid Hobbs, Appellant.
    Argued October 7, 1948;
    decided October 21, 1948.

      Philip Segal and Samuel Segal for appellant.

      Frank S. Hogan, District Attorney (William Hoppen and Whitman Knapp of counsel), for respondent.
   Judgment affirmed; no opinion.

Concur: LoughraN, Ch. J., Lewis, Couwat, DesmoNd, Dye and Ftjld, JJ. Taking no part: Thacher, J.


text:
    Blanche B. Brown, Appellant, et al., Plaintiffs, v. Mutual Life Insurance Company of New York, Respondent.
    Argued October 5, 1948;
    decided October 21, 1948.

      Jerome 0. Ellis and Seymour Kempner for appellant.

      H. H. Brown and Patrick E. Gibbons for respondent.
   Judgment affirmed, without costs; no opinion.

Concur: Loixghran, Ch. J., DesmoND, Dye and Fuld, JJ. Lewis and Conway, JJ., dissent upon the ground that there was evidence of negligence and of contributory negligence proper for submission to the jury. Taking no part: Thacher, J.


text:
    Cranford Company, Inc., Respondent, v. L. Leopold & Co., Inc., et al., Defendants, and United States of America, Appellant.
    Argued October 8, 1948;
    decided October 21, 1948.

      John F. X. McGohey, United States Attorney for Southern District of New York (James A. Devlin of counsel), for appellant.

      Emil V. Pils for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Loughban, Ch. J., Lewis, Conway, DesmoND, Dye and Fuld, JJ. Taking no part: Thacheb, J.


text:
    Agnes M. v. Joseph P. McAvoy, Respondent.
    Submitted October 4, 1948;
    decided October 21, 1948.

      Richard L. Wolf for motion.
    No one opposed.
   Motion granted and appeal dismissed, with costs and $10 costs of motion, unless appellant files and serves an undertaking on appeal and pays $10 costs within ten days, in wbicb event motion denied.


text:
    The People of the State of New York, Respondent, v. Raymond J. Hirsh, Appellant.
    Submitted October 11, 1948;
    decided October 21, 1948.

      Raymond J. Hirsh, in person, for motion.

      Frank 8. Hogan, District Attorney (Whitman Knapp of counsel), opposed.
   Motion for leave to appeal, to prosecute appeal as a poor person, and to have appeal heard on original record and handwritten briefs dismissed upon the ground that no appeal lies to the Court of Appeals from the order sought to be reviewed.


text:
    In the Matter of Gas and Electric Corporation, Respondent, and General Public Utilities Corporation, Intervener, Respondent, against Milo R. Maltbie et al., Constituting the Public Service Commission of the State of New York, et al., Appellants.
    Submitted October 11, 1948;
    decided October 21, 1948.

      T. Carl Nixon, Earl L. Bey, Edmund B. Naylon, George Foster, Jr., Allen E. Throop and James B. Liberman for motion.

      George H. Kenny, Joseph J. Doran, Samuel B. Madison and Sherman G. Ward opposed.
   Motion granted and appeal dismissed, without costs, unless, within twenty days, the Public Service Commission files a stipulation for order absolute, in which event motion denied.


text:
    In the Matter of Norman J. Brabson, Appellant, against John A. Lyons, as Commissioner of Correction of the State of New York, et al., Respondents.
    Submitted October 18, 1948;
    decided October 21, 1948.

      Norman J. Brabson, in person, for motion.

      Nathaniel L. Goldstein, Attorney-General (William 8. Elder, Jr., of counsel), opposed.
   Motion dismissed upon the ground that the order does not finally determine the proceeding within the meaning of the Constitution.


text:
    Rose Sutherland et al., Appellants, v. New York Polyclinic Medical School and Hospital, Respondent.
    Argued October 13, 1948;
    decided October 22, 1948.

      Martin J. Kelly, Jr., and Clarence E. Horn, Jr., for appellants.

      William B. Shelton and John J. O’Connor for respondent.
   Judgment affirmed, with costs; no opinion. [See 298 N. Y. 794.]

Concur: LoughraN, Ch. J., Lewis, CoNway, and PuiiD, JJ. Dye, J., dissents and votes for reversal and a new trial. Taking no part: Thacher, J.


text:
    Thomas McCabe, Respondent, v. New York Central Railroad Company, Appellant.
    Argued October 12, 1948;
    decided October 22, 1948.
   Judgment affirmed, with costs; no opinion.

Concur: LoughraN, Ch. J., Lewis, CoNway, Dye and Fuld, JJ. Taking no part: Thacher, J.


text:
    Bertha A. Respondent, v. City of New York, Appellant.
    Argued October 11, 1948;
    decided October 22, 1948.

      John P. McGrath, Corporation Counsel (Fred Iscol and Seymour B. Quel of counsel), for appellant.

      Irving M. Berg and John P. Gering for respondent.
   Judgment affirmed, with costs; no opinion.


text:
    Edmund Tipaldi, Respondent, v. Riverside Memorial Chapel, Inc., et al., Appellants and Respondents; J. Alexander Stein, Inc., Appellant, et al., Defendants.
    Submitted October 13, 1948;
    decided October 22, 1948.

      Walter G. Evans, Alexander Orr, Jr., and James H. Brassel for J. Alexander Stein, Inc., appellant.

      William E. Lyons for Riverside Memorial Chapel, Inc., and New York Riverside Memorial Chapel, Inc., defendants-appellants and respondents.

      Jacob D. Fuchsberg and Marry Youran for plaintiff-respondent.
   Judgment affirmed, with costs to plaintiff against the defendant-appellant J. Alexander Stein, Inc., and with costs to the defendants-respondents, Riverside Memorial Chapel, Inc., and New York Riverside Memorial Chapel, Inc., against the appellant, J. Alexander Stein, Inc. No opinion.

Concur: Loughrait, Ch. J., Lewis, CoNway, Dye and Fuld, JJ. Taking no part: Thacher, J.


text:
    Paul Maniscalco, as Administrator of the Estate of Paul Maniscalco, Deceased, Appellant, v. Tully and Di Napoli, Inc., et al., Respondents.
    Argued October 12, 1948;
    decided October 22, 1948.

      Harry A. Spiegelman and Lothair H. Szerlip for appellant.

      Frederick Mellor for Tully and Di Napoli, Inc., respondent.

      William B. Shelton and John J. O’Connor for B. Turecamo Contracting Co., Inc., respondent.
   As to the defendant Tully and Di Napoli, Inc.: Judgment affirmed, with costs, on the ground that there was no evidence of negligence of that defendant. No opinion.

Concur: LotjghraN, Ch. J., Lewis, Desmond and Fuld, JJ. Dissenting: Conwat and Dye, J J. Taking no part: Thacher, J.

As to the defendant B. Turecamo Contracting Co., Inc.: Judgments reversed and a new trial granted, with costs to abide the event, upon the ground that there was evidence of negligence of that defendant which should have been submitted to the jury. No opinion.

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


text:
    Max Broome, Appellant, v. Golda V. Broome, Respondent.
    Argued October 12, 1948;
    decided October 22, 1948.

      Hyman Grill and Henry A. Panoff for appellant.

      Samuel J. Kriwn for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: LoughraN, Ch. J., Lewis, Cohway, DesmoNd, Dye and Ftjld, JJ. Taking no part: Thacher, J.


text:
    Louis A. Ockey, an Infant, by Eva Ockey, His Guardian ad Litem, et al., Respondents, v. Pilgrim Laundry, et al., Appellants.
    Argued October 13, 1948;
    denied October 22, 1948.

      William G. Walsh, Walter G. Evans and Paul 0. Hastings for apellants.

      James G. Purdy and Robert Hill Nix for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: LoughraN, Ch. J., Lewis, CoNway, DesmoNd, Dye and Ftjld, JJ. Taking no part: Thacher,, J.


text:
    Monroe W. Gullberg, as Administrator of the Estate of Eleanor Gullberg, Deceased, Respondent, v. New Amsterdam Casualty Company, Appellant.
    Argued October 5, 1948;
    decided October 22, 1948.

      George R. Fearon and M. Harold Dwyer for appellant.

      George F. Roesch, Martin Rosenblum, David Fishman, Maurice Travers, Ellsworth Baker, Franklin A. Schriver, Wil-mot Decker, J. Allan Ballman, Irving Isseks and Samuel W. Eager for Monroe W. Gfullberg, respondent.

      David Tepp for American Fidelity & Casualty Co., Inc., and another, respondents.
   Judgments and order affirmed, with costs; no opinion. [See 298 N. Y. 754.]

Concur: LoughraN, Ch. J., Lewis, Cohway, Desmoled, Dye and Ftjld, JJ. Taldng no part: Thacher, J.


text:
    In the Matter of I. De Korte, Doing Business as Milanville Dairy, Respondent, against C. Chester Du Mond, as Commissioner of Agriculture and Markets of the State of New York, Appellant.
    Argued October 11, 1948;
    decided October 22, 1948.

      Robert Q. Blabey and Donald L. Brush for appellant.

      Herbert L. Maltmsky, Michael F. Dennis and Harry L. Marcus for respondent.
   Appeal dismissed, without costs. Neither the Commissioner nor the Appellate Division made any determination of the issue as to whether the granting of'the license applied for would tend to a destructive competition in a market adequately served (Agriculture and Markets Law, § 258-c). Hence the order does not finally determine the proceeding within the meaning of the Constitution. (Cf. Matter of Rochester Gas & Electric Corp. v. Maltbie, 298 N. Y. 103.) No opinion.

Concur: Lottghran, Ch. J., Lewis, CoNWay, Desmond, Dye and Ftjld, JJ. Taking no part: Teacher, J.


text:
    In the Matter of Long Island Lighting Company, Appellant, against William Shields, as Mayor of the Village of Old Brookville, et al., Respondents.
    Submitted October 18, 1948;
    decided October 22, 1948.

      Philip Huntington, David 8. Hill, Jr., and Charles G. Blaheslee for motion.

      Theodore V. Summers opposed.
   Motion dismissed, with $10 costs and necessary printing disbursements unless, within fifteen days, all papers required by subdivision (b) of rule 21 of the Rules of the Court of Appeals are filed.


text:
    Raffaela Ammirati, Respondent, v. Wire Forms, Inc., Appellant, et al., Defendants.
    Argued October 13, 1948;
    decided November 18, 1948.

      Clarence F. Corner and Gilbert F. Began for appellant.

      Edgar A. Palmieri for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: LottghraN, Ch. J., Lewis, Couway, DesmoND, Dye and Puno, JJ.


text:
    The People of the State of New Respondent, v. Harris Gray, Appellant.
    Argued October 18, 1948;
    decided November 18, 1948.
   Judgment of conviction affirmed; no opinion.

Concur: LottghraN, Ch. J., Lewis, CoNway, Desmostd, Dye and Full, JJ.


text:
    Ortrud B. T. Flood, Appellant, v. Theodore H. Thiesing, Respondent, et al., Defendants.
    Argued October 14, 1948;
    decided November 18, 1948.

      Eli H. Bronstein and George F. Handel for appellant.

      William F. McNulty for respondent.
   Order affirmed, without costs. Questions certified answered in the negative. No opinion.

Concur: LougheaN, Ch. J., Lewis, CoNway, DesmoNU, Dye and Fuld, JJ.


text:
    Max Appellant, v. Long Island Rail Road Company, Respondent.
    Argued October 12, 1948;

      Bernard Meyerson and Samuel F. Berhon for appellant.

      Joseph Kane and George J. Stacy for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: LougheaN, Ch. J., Lewis, CoNway, DesmoNd, Dye and Fuld, JJ.


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.
    Argued October 14, 1948;
    decided November 18, 1948.

      Homer I. Harris for appellant.

      Clarence G. Bachrach, Herman 8. Bachrach and Joseph W. Gottlieb for respondent.
   Order affirmed, with costs; no opinion.

Concur: LoughraN, Ch. J., Lewis, Cohway, DesmoNd, Dye and Fuld, JJ.


text:
    The People of the State of New York, Respondent, v. Eugene Pannell, Appellant.
    Argued October 7, 1948;
    decided November 18, 1948.

      Harry G. Anderson for appellant.

      Frank 8. Hogan, District Attorney (Whitman Knapp and Edward T. Perry of counsel), for respondent.
   Judgment of conviction affirmed; no opinion.

Concur: LoughraN, Ch. J., Lewis, CoNWAY, Dye and Field, JJ.


text:
    The People of the State of New York, Respondent, v. John M. Dunn and Daniel Gentile, Appellants.
    Submitted October 22, 1948;
    decided November 18, 1948.
   Motion for reargument granted and appeal set down for argument during the third week of the present session. [See 298 N. Y. 564.]


text:
    In the Matter of James J. Kaney et al., Appellants, against New York State Civil Service Commission et al., Respondents.
    Argued October 7, 1948;
    decided November 24, 1948.

      Leonard N. Lakser for appellants.

      Nathaniel L. Goldstein, Attorney-General (Emil L. Cohen and Wendell P. Brown of counsel), for respondents.
   Order affirmed, without costs; no opinion.

person holding a civil service position, who is an honorably discharged war veteran “ shall be removed from snch position except for incompetency or misconduct shown after a hearing upon dne notice upon stated charges ⅝ s ⅜ The applicability of that section is not limited to cases of misconduct subsequent to appointment (see Matter of Lasenby v. Municipal Civil Service Comm., 116 App. Div. 135, affd. 188 N. Y. 588; Matter of Wolff v. Hodson, 285 N. Y. 197).


text:
    In the Matter of J. Edward Conway et al., Constituting the New York State Civil Service Commission, Respondents, against James J. Kaney et al., Appellants.
    Argued October 7, 1948;
    decided November 24, 1948.

      Leonard N. Lahser for appellants.

      Nathaniel L. Goldstein, Attorney-General (Emil L. Cohen and Wendell P. Brown of counsel), for respondents.
   Appeal dismissed, without costs, on the ground that the order does not finally determine the proceeding within the meaning of the Constitution.

Concur: Ch. J., Lewis, DesmoND, Dye and Fuld, JJ.


text:
    Mary E. Reilley et al., Respondents, v. City of New York, Appellant.
    Argued October 19, 1948;
    decided November 24, 1948.

      John P. McGrath, Corporation Counsel (TV. Bernard Rich-land, Seymour B. Quel and Barbara Carroll of counsel), for appellant.

      James Q. Purdy for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Lougi-iraN, Ch. J., Lewis, CoNWay, DesmoND, Dye and Fuld, JJ.


text:
    In the Matter of Samuel L. Rubin, Appellant, against J. Edward Conway et al., Constituting the Civil Service Commission of the State of New York, Respondents.
    Argued October 20, 1948;
    decided November 24, 1948.

      Neil M. Liéblich and H. Eliot Kapian for appellant.

      Nathaniel L. Goldstein, Attorney-General (John C. Grary, Jr., and Wendell P. Brown of counsel), for respondents.
   Order affirmed, without costs; no opinion.

Concur: LoughhaN, Ch. J., Lewis, CoNWAy, Desmoud, Dye and Ftjld, JJ.


text:
    In the Matter of Irving Cahan, Appellant, against Joseph A. McNamara et al., Constituting the Municipal Civil Service Commission of the City of New York, Respondents.
    Argued October 20, 1948;
    decided November 24, 1948.

      Robert H. Schaffer and Leo Brown for appellant.

      John P. McGrath, Corporation Counsel „(Victor F. Condello, Seymour B. Quel and W. Bernard Richland of counsel), for respondents.

      Nathaniel L. Goldstein, Attorney-General (Wendell P. Brown and John C. Crary, Jr., of counsel), appearing, pursuant to section 68 of the Executive Law, in support of the constitutionality of clause (4) of paragraph (c) of subdivision 2 of section 21 of the Civil Service Law.
   Order affirmed, with costs; no opinion.

Concur: LoijghbaN, Ch. J., Lewis, CoNway, DesmoND, Dye and Ftjld, JJ.


text:
    In the Matter of Russell T. Brooks et al., Appellants, against William O’Dwyer, as Mayor of the City of New York, et al., Respondents.
    Submitted October 21, 1948;
    decided November 24, 1948.

      Harold Baer, Jerome Weinstein and Nathaniel M. Gallm for-appellants.

      John P. McGrath, Corporation Counsel (Robert E. Hugh and Seymour. B. Quel of counsel), for respondents.
   Order affirmed, with costs; no opinion.

Concur: Loughrapt, Ch. J., Lewis, CoNway, DesmoNd, Dye and Fixed, JJ.


text:
    The People of the State of New York, Respondent, v. Louis Smiley, Appellant.
    Argued October 19, 1948;
    decided November 24, 1948.

      Abraham J. Gellino/f, Isidor Enselman, Robert V. Santangelo and Harold O. N. Franhel for appellant.

      8. Hogan, District Attorney (Whitman Knapp, Peyton H. Moss and Edward T. Perry of counsel), for respondent.
   Judgment of conviction affirmed; no opinion.

Concur: Loughrak, Ch. J., Lewis, CoNway, DesmoND, Dye and Fuld, JJ.


text:
    Albert A. Volk Company, Inc., Respondent, v. Fleschner Bros., Inc., et al., Appellants, et al., Defendants.
    Argued October 20, 1948;
    decided November 24, 1948.

      Jonas J. Shapiro and Andrew B. Tyler for appellants.

      I. Berman for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lohghraxst, Ch. J., Lewis, CoNway, DesmoND, Dye and Fuld, JJ.


text:
    Albert Pross et al., as Successor Trustees under a Deed of Trust Made by Mabel E. F. Anson, Respondents, v. Helen F. Anson, an Infant, by Willard B. Vander Voort, Her Guardian ad Litem, et al., Respondents; Alexander Halpern, as Successor Trustee under the Will of Mabel E. F. Deceased, Appellant, and Washington University, Appellant and Respondent.
    Submitted October 21, 1948;
    decided November 24, 1948.

      alp ern, as successor trustee, for himself as appellant in person.

      Willard B. Vander Voort and Horace E. Whiteside for Helen F. Anson, respondent.

      Ralph Bernstein for Title Guarantee and Trust Company, as guardian of Helen F. Anson, respondent.

      George W. Cornell for Washington University, appellant and respondent.
   Judgment affirmed, with costs to all parties appearing separately and filing briefs payable out of the fund; no opinion.

Concur: Ch. J., Lewis, CoNway, DesmoNd, Dye and Fuld, JJ.


text:
    Anna V. Faust, as Administratrix of the Estate of Dorothy F. Roop, Deceased, Appellant, v. Central Greyhound Lines, Inc., Respondent. Anna V. Faust, as Administratrix of the Estate of Eileen V. Roop, Deceased, Appellant, v. Central Greyhound Lines, Inc., Respondent. Anna V. Faust, as Administratrix of the Estate of Richard M. Roop, Deceased, Appellant, v. Central Greyhound Lines, Inc., Respondent. Anna V. Faust, as Administratrix of the Estate of Thomas C. Roop, Deceased, Appellant, v. Central Greyhound Lines, Inc., Respondent.
    Argued October 13, 1948;
    decided November 24, 1948.

      Albert V. Moore for appellant.

      Bartle Gorman and Latimer B. Senior for respondent.
   In each case: Judgment of Appellate Division reversed and the action remitted to that court for determination upon questions of fact there raised (Civ. Prac. Act, § 606), with costs to abide the event, on the ground that in each case the evidence presents questions of fact as to the defendant’s negligence, and in the first case as to freedom from contributory negligence on the part of plaintiff’s intestate.


text:
    Stanley H. Janeczko et al., Respondents, v. City of New York, Appellant.
    Argued October 19, 1948;
    decided November 24, 1948.

      John P. McGrath, Corporation Counsel (Samuel D. Johnson and Seymour B. Quel of counsel), for appellant.

      Archie E. Latto, Thomas J. O’Neill and Denis O’L. Cohalan for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: LoughraN, Ch. J., Lewis, CoNway, Desmoto, Dye and FttI/D, JJ.


text:
    Submitted October 20, 1948;
    decided November 24, 1948.

      Robert I. Leimox for appellant.

      Jeremiah F. Connor for Simax Stationery Company, and another, respondents.
   Order affirmed, with costs; no opinion.

Concur: Lewis, CoNway, Dye and Fuld, JJ. Dissenting: Loughran, Ch. J., and Desmond, J.


text:
    Argued October 21, 1948;
    decided November 24, 1948.

      James I. McGuire and George A. Garvey for appellants.

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

Concur: LoughraN, Ch. J., Lewis, CoNWAY, DesmoNd, Dye and Fuld, JJ.


text:
    The People of the State of New Respondent, v. Harvey Stemmer and David Appellants, et al., Defendants.
    Argued October 18, 1948;

      Harry G. Anderson and Harris B. Steinberg for David Krakower, appellant.

      Joseph Lonardo for Harvey Stemmer, appellant.

      Frank S. Hogan, District Attorney (Whitman Knapp, Charles W. Manning and William Hoppen of counsel), for respondent.
   Judgment affirmed. Upon this appeal the following question was presented and necessarily passed upon: The appellants contended that the receipt in evidence of wire tapped telephone calls was illegal because of section 605 of the Federal Communications Act of 1934 (U. S. Code, tit. 47, § 605). This court held to the contrary. (See Matter of Harlem Check Cashing Corp. v. Bell, 296 N. Y. 15.) No opinion.

Concur: LougheaN, Ch. J., Lewis, Conway, DesmoNd, Dye and Fuld, JJ.


text:
    In the Matter of Joseph W. Sidenberg et al., as Trustees under the Will of Gustavos Sidenberg, Deceased, Appellants, against Alger B. Chapman et al., Constituting the Tax of the State of New York, Respondents.
    Argued October 19, 1948;
    decided November 24, 1948.

      David Oppenheim, Lewis M. Isaacs, Jr., M. 8. Isaacs and I. S. Isaacs for appellants.

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

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


text:
    Submitted October 20, 1948;
    decided November 24, 1948.

      Joseph D. Edwards for appellants.

      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, DesmoND, Dye and Fuld, JJ.


text:
    Argued October 21, 1948;
    decided November 24, 1948.

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

      Jeremiah F. Connor for Hartford Accident and Indemnity Company, respondent.

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

Concur: Loughrah, Ch: J., Lewis, CoNway, Desmond, Dye and Fuld, JJ.


text:
    In the Matter of the Construction of the Will of James A. Goodrich, Deceased. Mary W. Foss et al., Appellants; A. Vedder Magee et al., as Executors of James A. Goodrich, Deceased, et al., Respondents.
    Argued October 22, 1948;
    decided November 24, 1948.

      Raymond, F. Loucks for appellants.

      Harold A. Gordon for James G. Shaw and another, respondents.

      Harry G. Goplon and MacDonald King for A. Yedder Magee and another, as executors, respondents.
   Order affirmed, with costs to the respondents payable out of the estate; no opinion.

Concur: LoughraN, Ch. J., Lewis, CoNway, DesmoND, Dye and Fuld, JJ.


text:
    In the Matter of Ajax Trucking Company, Inc., Appellant, against Browne et al., Constituting the Tax Commission of the State of New York, Respondents.
    Argued October 15, 1948;
    decided November 24, 1948.

      Sidney Meyers for appellant.

      Nathcmiel L. Goldstein, Attorney-General (Henry S. Manley and Wendell P. Brown of counsel), for respondents.
   Order affirmed, with costs. A question under the Constitution of the United States was presented and necessarily passed upon. The appellant contended that the application of section 184 of article 9 of the Tax Law of the State of New York, as mad© in this case, is violative of section 8 of article I of the Constitution of the United States. This court held to the contrary. No opinion.

Concur: Lottohean, Ch. J., Lewis, Conway, Desmond, Dye and Field, JJ.


text:
    Sadie Schrold et al., Plaintiffs, v. City of New York, Respondent, and Oceana Realty Corporation, Impleaded Defendant-Appellant.
    Submitted October 19, 1948;
    decided November 24, 1948.

      Joseph A. Driscoll and Frederick Mellor for appellant.

      John P. McGrath, Corporation Counsel (Stanley Buchsbaum and Seymour B. Quel of.counsel), for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    John P. Kenney, Respondent, v. State of New York, Appellant. Leonard Diener, et al., Copartners Doing Business as The Long Eddy Chemical and Charcoal Company, Respondents, v. State of New York, Appellant.
    (Claim No. 27799.)
    (Claim No. 27800.)
    Argued October 20, 1948;
    decided November 24, 1948.

      Nathaniel L. Goldstein, Attorney-General (John R. Davison, Wendell P. Brown and Ronald E. Coleman of counsel), for appellant.

      James PL. Glavin, Jr., and William Deckelman for respondents.
   In each, action judgment affirmed, with costs; no opinion.

Concur: Loughrah, Ch. J., Lewis, CoNway, DesmoNd, Dye and Fuld, JJ.


text:
    Miriam Schwartzberg, as Administratrix of the Estate of Ida B. Schwartzberg, Deceased, Respondent, v. Teachers’ Retirement Board of the City of New York et al., Appellants.
    Argued October 21, 1948;
    decided November 24, 1948.

      John P. McGrath, Corporation Counsel (Arthur H. Kahn, Seymour B. Quel and Michael A. Castaldi of counsel), for appellants.

      Irving Mariash for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: LottghRAN, Ch. J., Lewis, CoNway, Dye and Fuld, JJ.


text:
    Argued October 21, 1948;
    decided November 24, 1948.

      John M. Cullen for Special Fund for Unopened Cases, appellant.

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

Concur: Loughran, Ch. J., Lewis, Comway, DesmoND, Dye and Full, JJ.


text:
    Angela Ravaud, Appellant, v. Jean Ravaud, Respondent.
    Submitted October 22, 1948;
    decided November 24, 1948.
   Order affirmed, without costs; no opinion.

Concur: LoughbaN, Ch. J., Lewis, Conway, DbsmoNd, Dye and Fuld, JJ.


text:
    Fannie MacFarland et al., Respondents, v. Clara Cleveland, Appellant.
    Argued October 15, 1948;
    decided November 24, 1948.

      Edmund 8. Brown for appellant.

      Dean E. Higgins for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: LoughbaN, Ch. J., Lewis, CoNWAY, Desmohd, Dye and Fuld, JJ.


text:
    In the Matter of the Accounting of Martha W. Munro et al., as Administrators of the Estate of Charles W. Bartlett, Deceased. Camille M. B. Springsted, as of James W. Springsted, Deceased, Appellant; Matthew W. Wood, as Sole Surviving Administrator of the Estate of Charles W. Bartlett, Deceased, Respondent.
    Submitted October 19, 1948;
    decided November 24, 1948.

      David Groberg, G. Perry and T. Perry for appellant.
   Decree affirmed, with costs; no opinion.

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


text:
    Sanka Classics, Appellant, v. Atlantic Terra Cotta Company, Respondent.
    Argued October 20, 1948;
    decided November 24, 1948.

      Louis G. Bernstein, Charles E. Scribner and Frank B. Bruce for appellant.

      Stephen P. Duggan, Jr., and Irving Parker for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: LoughbaN, Ch. J., Lewis, CoNway, DesmoNd, Dye and Field, JJ.


text:
    M. David Knower, Appellant, Frank M. Atkins, Respondent.
    Submitted October 22, 1948;
    decided November 24, 1948.

      A. Aaron Raphael for appellant.

      S. S. Goldsmith for respondent.
   Concur: LottgheaN, Ch. J., Lewis, Cowway, DesmoNd, Dye and Fuld, JJ.


text:
    In the Matter of J. Edward Conway et al., Constituting the New York State Civil Service Commission, Respondents, against Jambs J. Kaney et al., Appellants.
    Submitted October 4, 1948;
    decided November 24, 1948.

      Leonard N. Lakser for motion.

      Nathaniel L. Goldstein, Attorney-General (Emil L. Cohen of counsel), opposed.
   Motion dismissed upon the ground that the order does not finally determine the proceeding within the meaning of the Constitution.


text:
    Submitted October 4, 1948;
    decided November 24, 1948.

      John M. Cullen for motion.
    No one opposed.
   Motion granted and appeal dismissed, with costs and $10 costs of motion.


text:
    Submitted November 15, 1948;
    decided November 24, 1948.
   Motion for reargument and to amend remittitur denied, with $10 costs and necessary printing disbursements. [See 298 N. Y. 119.]


text:
    New York Central Railroad Company et al., Respondents, v. Anthony Arthelia et al., Appellants.
    Submitted November 15, 1948;
    decided November 24, 1948.

      Willard Pratt, W. Roger Pratt and Edward W. Bock for motion.

      James 8. Kernan, Jr., and Francisco Penberthy opposed.
   Motion dismissed upon the ground that the order does not finally determine the action within the meaning of the Constitution.


text:
    American Fidelity & Casualty Co., Incorporated, et al., Respondents, v. New Amsterdam Casualty Company, Appellant, et al., Defendants. Monroe W. Gullberg, as Administrator of the Estate of Eleanor Gullberg, Deceased, Respondent, v. New Amsterdam Casualty Company, Appellant.
    Submitted November 15, 1948;
    decided November 24, 1948.
   Motion for reargument or to amend the remittitur and for a stay denied, with $10 costs and necessary printing disbursements. [See 298 N. Y. 693.]


text:
    In the Matter of the Will of Stella M. Rothchild, Deceased. Lewis H. Rothchild et al., Appellants; Central Hanover Bank and Trust Company, as Executor and Trustee under the Will of Stella M. Rothchild, Deceased, et al., Respondents.
    Submitted November 15, 1948;
    decided November 24, 1948.
   Motion for reargument denied, with $10 costs and necessary printing disbursements. [See 298 N. Y. 538.]


text:
    In the Matter of Caryl E. Cohen, Appellant, against Harold Fields et al., Constituting the Board of Examiners of the Board of Education of the City of New York, Respondents.
    Submitted November 15, 1948;
    decided November 24, 1948.
   Motion to amend remittitur denied, with $10 costs and necessary printing disbursements. [See 298 N. Y. 235.]


text:
    Germaine Guntzer, Respondent, v. County of Westchester, Appellant.
    Argued November 15, 1948;
    decided December 2, 1948.

      Arnold La Guardia, Anthony J. Gaputo and Harry G. Herman for appellant.

      John D. D’Apice, Frank J. Hand and Maurice W. Grady for respondent.
   Order affirmed, with costs. Question certified answered in the affirmative. No opinion.

Concur: Loughrah, Ch. J., Lewis, CoNway, DesmoND, Dye and Euld, JJ.


text:
    Joseph R. Paretta, Appellant, v. Andrew Yuhas et al., Respondents.
    Submitted November 16, 1948;
    decided December 2, 1948.

      Frank A. Bellucci for appellant.

      Isadore Bicker and David M. Zap for respondents.
   Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts. No opinion.

Concur: LougheaN, Ch. J., Lewis, DesmoNd, Dye and Finn, JJ.


text:
    In the Matter of Bertha Haas, Appellant, against Incorporated Village of Cedarhurst, Respondent.
    Argued November 17, 1948;
    decided December 2, 1948.

      Jerome D. Oltarsh and Sylvia D. Frcmlcel for appellant.

      George J. Conway and George A. Garvey for respondent.
   Order affirmed, with costs; no opinion.

Concur: Loughran, Ch. J., Lewis, DesmoNd, Dye and Fuld, JJ.


text:
    Romona S. Kleinman, Appellant, v. Metropolitan Life Insurance Company, Respondent.
    Argued October 22, 1948;
    decided December 2, 1948.

      Isidor Neuwirth and Emil K al sha for appellant.

      David B. Grow for respondent.
   Judgment of Appellate Division reversed, and case remitted to that court for determination upon the questions of fact there raised, with costs to abide the event, upon the ground that the evidence presents a question of fact as to whether the decedent’s death resulted from an accident within the meaning of the policy. No opinion.


text:
    The People of the State of New York, Appellant, v. Helen Meyers, Lorraine Russo and Daniel Russo, Respondents.
    Argued November 15, 1948;
    decided December 2, 1948.

      James N. Gehrig, District Attorney (Philip Huntington and Henry Root Stern, Jr., of counsel), for appellant.

      George V. Fleckenstein for respondents.
   Order affirmed; no opinion.

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


text:
    Nathan Rosenbluth, Appellant, v. Sol Sackadorf et al., Respondents.
    Submitted November 17, 1948;
    decided December 2, 1948.

      Herbert L. Fine and Samuel Douglas for appellant.

      Milton M. Eisenberg and Ralph Weller for respondents.
   Judgment affirmed, without costs; no opinion.

Concur: LoughraN, Ch. J., Lewis, Conway, DesmoND, Dye and Fuld, JJ.


text:
    112 East 36th Street Holding Corp., Appellant, Jeanne M. Daffos, Respondent.
    Argued October 12, 1948;
    decided December 2, 1948.

      Hymcm Grill and Henry A. Panoff for appellant.

      Maurice JR. WMtehoolc for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: LougheaN, Ch. J., Lewis, CoNway, DesmoNd, Dye and Fuld, JJ.


text:
    In the Matter of the Arbitration between Wagner, as President of Fur Merchants Employees Union, Local No. 64, International Fur & Leather Workers Union, C.I.O., Respondent, and Morris Kopit, Doing Business as M. Kopit Company, Appellant.
    Argued November 16, 1948;
    decided December 2, 1948.

      Henry Waldman and Lester J. Waldman for appellant.

      Ralph Shapiro for respondent.
   Order affirmed, with costs; no opinion.

Concur: Ch. J., Lewis, Desmohd, Dye and Ftjld, JJ. .


text:
    Leopold D. Stern, Appellant, v. Bristol Corporation Defendant, and Theodore E. Tolson, Jr., et al., Respondents.
    Argued November 17, 1948;
    decided December 2, 1948.

      Abraham J. Halprin, Samuel Mesansky and Jack M. Perlman for appellant.

      George J. Conway and Benjamin Pepper for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: LoitghraN, Ch. J., Lewis, Couway, DesmoNd, Dye and Ftjld, JJ.


text:
    Sol Nash et al., Appellants, v. Atco Realty Corporation, Respondent.
    Submitted November 17, 1948;
    decided December 2, 1948.

      Abraham M. Feinstein for appellants.

      Simon Presant for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Loughran, Ch. J., Lewis, CoNway, DesmoND, Dye and Fuld, JJ.


text:
    In the Matter of Hecht Broadway Corporation, Appellant. Barnet et al., Doing Business under the Name of American Mirror Works, et al., Respondents. In the Matter of Hecht Broadway Corporation, Appellant. Saul S. Doing Business under the Name of S. S. Jobbing House, Respondent.
    Argued November 15, 1948;
    decided December 2, 1948.

      William, Gilligcm for appellant.

      Samuel Bochlin for Barnet Ashenfarb and others, respondents.

      Maxwell Green and Abraham J. Drosnes for Saul S. Schlenoff, respondent.
   In each of the above-entitled proceedings, order affirmed, with costs; no opinion.

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


text:
    Argued November 18, 1948;
    decided December 2, 1948.

      Samuel W. Sherman, Edward Gettinger and Stanley M. Estrow for appellants.

      J. Joseph Noble for Commercial National Bank & Trust Company of New York and another, respondents.

      Lyon Boston, Stewart Maurice, Alfred L. Pitts and Walter S. Logan for Federal Reserve Bank of New York and others, respondents.

      William B. Shelton and John J. O’Connor for Title Guarantee and Trust Company of New York, respondent.
   Judgments affirmed, with one bill of costs to respondents; no opinion.

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


text:
    Dorothy Respondent, v. William H. Ferrier, Appellant, et al., Defendants. Mary C. Bangs, an Infant, by Isabelle E. Bangs, Her Guardian ad Litem, Respondent, v. William H. Ferrier, Appellant.
    Argued November 17, 1948;
    decided December 2, 1948.

      John W. Hollis for appellant.

      George W. Pratt for Dorothy Engle, respondent.

      Homer C. Pelton for Mary C. Bangs, respondent.
   Judgment affirmed, with costs; no opinion.

Concur: LoughbaN, Ch. J., Lewis, CoNway, DesmoND, Dye and Fttld, JJ.


text:
    Anthony Ruggiero, Appellant, v. Liberty Mutual Insurance Company et al., Respondents.
    Argued November 15, 1948;
    decided December 2, 1948.

      Thomas O’Rourke Gallagher for appellant.

      John J. Stewart, Thomas O. Perrella and John P. Smith for Liberty Mutual Insurance Company, respondent.

      Edgar R. Kraetser, William W. Van Zandt and Reginald V. Spell for Hartford Accident & Indemnity Company and another, respondents.
   Judgment affirmed, without costs; no opinion.

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


text:
    Silberfeld, Individually and as Administratrix of the Estate of Samuel Silberfeld, Deceased, Appellant, v. Swiss Bank Corporation, Respondent, et al., Defendants.
    Argued November 18, 1948;
    decided December 2, 1948.

      Borris M. Komar for appellant.

      William Bt. John Toser and Robert F. Little for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmoot), Dye and Ftjld, JJ.


text:
    In the Matter of R. O’Neill, Appellant, against Board of Regents of the University of the State of New York, Respondent.
    Argued October 21, 1948;
    decided December 2, 1948.

      John B. O’Neill, appellant in person.

      Nathaniel L. Goldstein, Attorney-General (Henry 8. Manley and Brown of counsel), for respondent.
   Appeal dismissed, with costs, upon the ground that no constitutional question was properly raised in the Appellate Division. (See City of New Rochelle v. Closter, 296 N. Y. 506.) No opinion.

LottgheaN, Ch. J., Lewis, CoNWAY, DesmoND, Dye and Ftjld, JJ.


text:
    Isidore as Receiver of Morris Levy, Respondent, v. Morris Levy et al., Appellants, et al., Defendants.
    Submitted November 15, 1948;
    decided December 2, 1948.
   Judgment affirmed, with costs; no opinion.

CoNcur : Loughran, Ch. J., Lewis, Conway, Desmond, Dye and Fule, JJ.


text:
    The People of the State of New York, Respondent, v. John Maturo, Appellant.
    Argued November 16, 1948;
    decided December 2, 1948.

      Bernhardt M. Meisels for appellant.

      Miles F. McDonald, District Attorney (Frank Di Lalla of counsel), for respondent.
   Judgment affirmed; no opinion.


text:
    Mollie Eagle, Appellant, v. Benjamin Cherney et al., Respondents.
    Submitted November 22, 1948;
    decided December 2, 1948.
   Motion for reargument denied. [See 294 N. Y. 818.]


text:
    Eva Minarsky et al., Appellants, v. City New Appellant and Respondent, and Realty Co., Inc., Respondent, et al., Defendants.
    Submitted November 22, 1948;
    decided December 2, 1948.

      John P. McGrath, Corporation Counsel (Fred Iscol of counsel), for motion.
    No one opposed.
   Motion granted and appeal dismissed, with costs and $10 costs of motion unless within ten days appellant serves and files an undertaking on appeal, in which event the motion is denied.


text:
    Guaranty Trust Company of New York, as Trustee of a Trust Created by Finotto T. Pederzoli, Respondent, v. Midland Bank Executor and Trustee Company Limited of London, as Executor of Alice Pederzoli, Deceased, et al., Respondents, and Romano Foresti et al., Infants, by L. Lawrence Green, Their Guardian ad Litem, et al., Appellants.
    Argued November 15, 1948;
    decided December 3, 1948.

      Charles Ettinger and L. Lawrence Green, guardian ad litem for Romano For esti and others, appellants.

      Walter Ilersfeld, Samuel Conrad Cohen and Angelo Piero Serení for Bianca A. P. Mezzacapa and others, appellants.

      Alfred J. L’Heureux, Peter X. McManus and William A. Lockwood for Midland Bank Executor and Trustee Company Limited, and another, respondents.

      William T. Collins, II, and Otis T. Bradley for Guaranty Trust Company of New York, respondent.
   Judgment affirmed, with costs to all parties appearing separately and filing separate briefs payable out of the fund. No opinion.

Concur: LoughbaN, Ch. J., Lewis, CoNway, Desmond, Dye and Fuld, JJ.


text:
    Morris Greenstein, Appellant, v. David Kahan, Respondent.
    Submitted November 18, 1948;
    decided December 3, 1948.

      Benjamin H. Siff and I. Henry Simon for appellant.

      Robert J. Sykes, Joseph V. Gallagher, Jr., and .Leo F. Potts for respondent.
   Judgments reversed and a new trial granted, with costs to plaintiff-appellant to abide the event, upon the ground that the issues in respect of negligence and contributory negligence were for the jury. No opinion.

Concur: Loughrae, Ch. J., Lewis, CoNway, Desmoed, Dye and Fulo, JJ.


text:
    In the Matter of John A. Mullen, Appellant, against William J. Heffernan et al., Constituting the Board of Elections of the City of New York, et al., Respondents.
    Argued December 2, 1948;
    decided December 3, 1948.

      William J. O’Shea, Jacob Markowitz, Edward D. Burns and Alexander I. Borlce for appellant.

      Robert P. Patterson, Charles H. Tuttle, Samuel M. BlinTcin, Benjamin Gassman, Paxton Blair and Louis J. Lefkowitz for respondents.

      Walter M. Weis for The City Club of New York, amicus curias, in support of respondents’ position.

      Samuel M. Birnbmm for' The American Legion Department of New York, amicus curiae, in support of respondents’ position.
   Order affirmed, without costs upon the ground that the Special Term was without jurisdiction of the proceeding under section 330 of the Election Law. (See Matter of v. Supreme Court, 281 N. Y. 572, and Matter of Commerdinger v. Vincent, 246 App. Div. 834, affd. 270 N. Y. 657.) We pass upon no other question. No opinion.

Concur: Ch. J., Lewis, Costway,' Dye . and Fuld, JJ.


text:
    Francis J. Flanagan et al., as Executors of Joseph A. Flanagan, Deceased, et al., Appellants, v. John J. Flanagan, Individually and as Administrator of the Estate of Mary E. Flanagan, Deceased, et al., Respondents.
    Argued November 16, 1948;
    decided December 3, 1948.

      Arthur N. Seif, Sidney Hofma/ti and Arthur J. Blank for appellants.

      Saul B. Bradie and J. Franklin Tausch for respondents.
   Upon appeal from judgment: Judgment affirmed, with costs. No opinion.

Upon appeal from order: Order affirmed and question certified answered in the affirmative. No opinion.

Concur: LotjghraN, Ch. J., Lewis, CoNway, DesmoND, Dye and JJ.


text:
    In the Matter of the Accounting of Frank C. Genovese, as Executor of Marguerite J. Mette, Deceased, Appellant. Joseph C. Genovese, Attorney for Executor, Appellant; John Bolinger et al., Respondents.
    Submitted November 18, 1948;
    decided December 3, 1948.
   Order affirmed, with costs to the respondents payable out of the estate; no opinion.

Concur: Loughran, Ch. J., Lewis, Conway, DesmoND, Dye and Fold, JJ.


text:
    Submitted October 18, 1948;
    decided December 3, 1948.

      M. James Gonboy for motions.

      Floyd J. Reinhart and William J. Jr., opposed.
   Motion in first action by All States Freight, Inc., for leave to appeal denied on the ground an appeal lies as of right.

Motion in second action by All States Freight, Inc., for leave to appeal granted.


text:
    Submitted October 18, 1948;
    decided December 3, 1948.

      Ira E. Michael for motions.

      Floyd J. Reinhart and William J. Grangle, Jr., opposed.
   Motion, in first action by Middle Atlantic Transportation Co., Inc., and Burchard B. Hawk for leave to appeal denied on the ground an appeal lies as of right.

Motion in second action by Middle Atlantic Transportation Co., Inc., and Bnrchard B. Hawk for leave to appeal granted.


text:
    James Eagle, Appellant, v. City of New York, Respondent.
    Submitted November 22, 1948;
    decided December 3, 1948.

      Robert Klonsky and Jacob Rassner for motion.

      John P. McGrath, Corporation Counsel (Seymour R. Quel and Fred Iscol of counsel), opposed.
   Motion dismissed, with $10 costs and necessary printing disbursements upon the ground that the motion in the Appellate Division for leave to appeal to this court was not timely made. (See City of Long Beach v. Madden, 297 N. Y. 578; Heller v. Inter-American Business Co., 297 N. Y. 586; Whitford v. Whitford, 285 N. Y. 618.)


text:
    Leona Shaw, Respondent, Shaw, Appellant.
    Submitted November 29, 1948;
    decided December 3, 1948.

      John A. Bonomi for motion.

      Martin Bosenblum opposed.
   Motion dismissed, with $10 costs and necessary printing disbursements upon the ground that the papers were not served and filed within the time fixed by subdivision 3 of section 592 of the Civil Practice Act.


text:
    Rose Sutherland et al., Appellants, New Polyclinic Medical School and Hospital, Respondent.
    Submitted November 29, 1948;
    decided December 3, 1948.
   Motion for reargument denied, with $10 costs and necessary printing disbursements. [See 298 N. Y. 682.]


text:
    Richard Appier, Respondent, v. Gertrude T. Million et al., a Partnership Doing Business under the Name of Thornton Company et al., Appellants.
    Submitted November 29, 1948;
    decided December 3, 1948.

      Charles 8. Wilcox and Frank L. B’Arcy for motion.

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


text:
    James L. Jackson, Respondent, v. Mildred T. Jackson, Appellant.
    Submitted November 29, 1948;
    decided December 3, 1948.

      Edwin L. La Crosse for motion for order directing Appellate Division to supply copies of record.

      Melvin J. King and Irving L. Spanier for cross motion to dismiss appeal.
   Motion for order directing Appellate Division to supply copies of record dismissed.

Motion to dismiss appeal denied.


text:
    Central Greyhound Lines, Inc., of New York, Appellant, v. Carroll E. Mealey et al., Constituting the State Tax Commission, Respondents.
    Submitted November 29, 1948;
    decided December 3, 1948.
   Motion for reargument granted. Case set down for reargument during the January, 1949, term. [See 296 N. Y. 18; 334 U. S. 653, 663, 664.]


text:
    Anthony Vanilla, Appellant, v. A. Moran et al., as Members of the Board of Parole of the State of New York, et al., Respondents.
    Argued October 6, 1948;
    decided January 6, 1949.

      Abraham J. Gellinoff and E. Stewart Jones for appellant.

      Nathaniel L. Goldstein, Attorney-General (Wendell P. Brown and Irving I. Waxman of counsel), for respondents.
   Concur: LotjgheaN, Ch. J., Lewis, CoNway, Dye and Fuld, JJ.


text:
    Antoinette L. Holahan, Respondent, v. James T. Holahan, Appellant.
    Argued November 29, 1948;
    decided January 6, 1949.

      Walter 8. Forsyth for appellant.

      Edward R. Finch and William B. Gelb for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Loughrak, Ch. J., Lewis, CoNWay, DesmoNd, Dye and Fule, JJ.


text:
    Samuel Shapiro, Respondent, v. New Amsterdam Casualty Company, Appellant.
    Argued November 30, 1948;
    decided January 6, 1949.

      Gunther Jacobson for appellant.

      Samuel Shapiro, in person, and Albert A. Burdick for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    The People of the State of New York, Respondent, v. Tony Bernardi, Joseph Bernardi, Stephen Ponzillo and Alfred Iovinelli, Appellants.
    Argued December 1, 1948;
    decided January 6, 1949.

      Daniel H. Prior for appellants.

      William M. Nicoll, District Attorney, for respondent.
   Judgments affirmed; no opinion.

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


text:
    The People of the State of New York, Respondent, v. Samuel T. Williams, Appellant.
    Argued November 22, 1948;
    decided January 6, 1949.

      Edward H. Levine and Jesse P. Griggs for appellant.

      John F. Finerty, Herbert M. Levy and Robert Markewich for American Civil Liberties Union, amicus curia, in support of appellant’s position.

      Miles F. McDonald, District Attorney (Solomon A. Klein of counsel), for respondent.
   Judgment of conviction 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 his conviction violated the Fourteenth Amendment of the Constitution of the United States in that the sentence of death was based upon information supplied by witnesses with, whom the accused had not been confronted and as to whom he had no opportunity for cross-examination or rebuttal; this court held that the sentence aforesaid did not violate the Fourteenth Amendment of the Constitution of the United States. No opinion.

Concur: LoughraN, Ch. J., Lewis, CoNway, DesmoND, Dye and Fuld, JJ.


text:
    In the Matter of Samuel Werner, Inc., et al., Appellants, against Eugene G. Schulz, as Commissioner of Public Markets of the City of New York, et al., Respondents.
    Argued November 29, 1948;
    decided January 6, 1949.

      Morris Shapiro, Milton E. Sahn and Harvey Cohen for appellants.

      John P. McGrath, Corporation Counsel (Seymour B. Quel, Murray W. Weiner and Thomas Fitzpatrick of counsel), for respondents.

      Herbert Ferster and David Drechsler for Association of Poultry Slaughterhouse Operators, Inc., amicus curiae, in support of respondents ’ position.
   Order affirmed, with costs; no opinion.

Concur: LougheaN, Ch. J., Lewis, CoNway, DesmoND, Dye and Fuld, JJ.


text:
    The People of the State of New York, Respondent, v. Michael Scallon and Kathryn Scallon, Appellants.
    Argued November 29, 1948;
    decided January 6, 1949.

      Menahem Stim and Michael J. Mahoney, Jr., for appellants.

      Nathaniel L. Goldstein, Attorney-General (Irving Galt, Wendell P. Brown, Abe Wagman, Sidney Tartihoff and John J. Calóñese of counsel), for respondent.
   Judgment affirmed; no opinion.

Concur: LoughkaN, Ch. J., Lewis, CoNWay, DesmoND, Dye and Fuld, JJ.


text:
    In the Matter of Annie Wallach, Appellant, against Paul L. Ross et al., Constituting the Temporary City Housing Rent Commission, Respondents.
    Argued December 1, 1948;
    decided January 6, 1949.

      David 1. Michaelson for appellant.

      John P. McGrath, Corporation Counsel (Stanley Buchsbaum, Seymour B. Quel and Nathan W. Math of counsel), for respondents.
   Order affirmed, with costs; no opinion.

Concur: LougheaN, Ch. J., Lewis, CoNWAY, DesmoND, Dye and Fuld, JJ.


text:
    Mary M. Caloro, Individually and as Guardian ad Litem of Donald Caloro, an Infant, Respondents, v. Hereford Smith, Appellant.
    Argued November 18, 1948;
    decided January 6, 1949.

      John J. Scully for appellant.

      Reuben H. Kohn, Jack Goodman and Franklin P. Gavin for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Loughran, Ch. J., Lewis, CoNway, DesmoNd, Dye and Fuld, JJ.