text:
    Chase National Bank of City of New York, Respondent, v. Mary Turner et al., Defendants, and Kathleen N. O’D. Candee, Individually and as Executrix of William F. S. Hart, Deceased, Appellant.
    Argued April 18, 1938;
    decided May 24, 1938.

      Mark C. Candee for appellant.

      Edward F. X. Ryan and George L. Trumbull for respondent.
   Judgment affirmed, with costs; no opinion. (See 278 N. Y. 694.)

Concur: Crane, Ch. J., Lehman, O’Brien, Loughran, Finch and Rippey, JJ. Taking no part: Hubbs, J.


source: Caselaw Access Project

license: Public Domain

text:
    In the Matter of the Accounting of Lillian C. Eyeington et al., as Trustees under the Will of Frank V. E. Bardol, Deceased. Lillian C. Eyeington et al., as Trustees, et al., Appellants; Lillian C. Eyeington, as Administratrix of the Estate of Franklin V. E. Bardol, Deceased, et al., Respondents.
    Argued April 19, 1938;
    decided May 24, 1938.

      , Ray M. Stanley for appellants.

      George H. Kennedy and David F. Doyle for Alice Bardol, respondent.

      Willard J. Magavern and John W. Ryan for Lillian C. Eyeington, as administratrix, et al., respondents.
   ■ Order affirmed, with costs to all parties appearing by separate attorneys and filing briefs payable out of the estate. No opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Loughran, Finch and Rippey, JJ.


text:
    In the Matter of the Estate of Arthur Ryle, Deceased. State Tax Commission, Appellant; Central Hanover Bank and Trust Company, Individually and as Trustee, et al., Respondents.
    Argued April 20, 1938;
    decided May 24, 1938.

      Mortimer M. Kassell and Harry T. O’Brien, Jr., for appellant.

      Henry B. Tvjombly for respondents.

      Raymond M. White, Edgar W. Hatfield and Cha/rles R. Lowther for executors of Milo M. Belding, deceased, et al., amici curise.

   Order affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Htjbbs, Lotjghran, Finch and Rippey, JJ.


text:
    In the Matter of the Will of James Shevlin, Deceased. Mary S. Gillen et al., Appellants; George H. Shevlin et al., as Executors and Trustees under the Will of James Shevlin, Deceased, et al., Respondents.
    Argued April 20, 1938;
    decided May 24, 1938.

      Charles G. Coster and John R. O’Reilly for appellants.

      John H. Schmid and Allen S. Wrenn for Marion Shevlin, respondent.
   Order affirmed, with costs payable out of the estate; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Htjbbs, Loughran, Finch and Rippey, JJ.


text:
    Roland A. Thibodeau, an Infant, by Frances Jameson, His Guardian ad Litem, et al., Appellants, v. Gerosa Haulage & Warehouse Corporation et al., Respondents.
    Argued April 20, 1938;
    decided May 24, 1938.

      I. Maurice Wormser and Edward A. Coleman for appellants.

      James I. Cuff, James I. McGuire and James A. Hughes' for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Herbs, Loughran, Finch and Rippey, JJ.


text:
    In the Matter of Drake Holding Corporation, Respondent, against Harris H. Murdock et al., Constituting the Board of Standards and Appeals of the City of New York, Appellant. North American Holding Corporation, Appellant.
    Argued April 20, 1938;
    decided May 24, 1938.

      William C. Chanler, Corporation Counsel (Paxton Blair of counsel), for Board of Standards and Appeals, appellant.

      Frederick L. Kane and Archie H. Samuels for North American Holding Corporation, appellant.

      David Steckler and Israel Hoffman for respondent.
   Order affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Loughran, Finch and Rippey, JJ.


text:
    The People of the State of New York ex rel. 2291 Realty Corporation, Respondent, against Harris H. Murdock et al., Constituting the Board of Standards and Appeals of the City of New York, Appellants.
    Argued April 21, 1938;
    decided May 24, 1938.

      William C. Chanler, Corporation Counsel {Paxton Blair and James Hall Prothero of counsel), for appellants.

      David W. Kahn, Nathan Siegel, Myron K. Wilson and Sidney R. Diamond for respondent.
   Order affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Loughran, Finch and Rippey, JJ.


text:
    In the Matter of Samuel Stern et al., Appellants, against Frank J. Taylor, as Comptroller of the City of New York, et al., Respondents.
    Argued April 21, 1938;
    decided May 24, 1938.

      Arthur J. W. Hilly and Samuel Stern for appellants.

      William C. Chanler, Corporation Counsel (Oren Clive Herwitz and Paxton Blair of counsel), for respondents.
   Order affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Herbs, Lohghran, Finch and Rippey, JJ.


text:
    Bartholdi Turecamo, Appellant, v. Maurice Frankel et al., Respondents.
    Argued April 21, 1938;
    decided May 24, 1938.

      John F. Kiernan, William C. Goodson and Alexander D. Diamond for appellant.

      Joseph H. Choate, Jr., Wesley S. Sawyer and Michael J. Ryan for respondents.
   Judgment affirmed, with costs; no opinion.

Concur. Crane, Ch. J., Lehman, O'Brien, Hubbs, Loughran, Finch and Rippey, JJ.


text:
    New Jersey Power and Light Company, Appellant, v. New York Trust Company, Individually and as Trustee, et al., Respondents.
    Argued April 21, 1938;
    decided May 24, 1938.

      John J. Kuhn, Archibald R. Graust&in, Laszlo Kormendi, George J. Banigan and Edward J. Chapman for appellant.

      Lawrence Bennett, Edmund W. Wakelee, Wendell J. Wright and John E. Lockwood for Public Service Corporation of New Jersey, respondent.

      Melber Chambers for New York Trust Company, respondent.

      Burt D. Whedon and Thomas E. Wing for Debenture Holders’ Protective Committee, respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, IIubbs, Loughran, Finch and Rippey, JJ.


text:
    The People of the State of New York, Respondent, v. Thomas J. McCarthy, Appellant.
    Submitted April 21, 1938;
    decided May 24, 1938.

      Thomas J. McCarthy, appellant in person.

      Thomas E. Dewey, District Attorney (Felix C. Benvenga and Arnold Bauman of counsel), for respondent.
   Judgment affirmed; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Htjbbs, Loughran and Finch, JJ. Dissenting: Rippey, J.


text:
    The People of the State of New York, Respondent, v. Francis H. Irwin, Appellant.
    Submitted April 21, 1938;
    decided May 24, 1938.

      Francis E. Irwin, appellant in person.

      A. Edward Krieger, District Attorney, for respondent.
   Judgment affirmed; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Htjbbs, Loughran, Finch and Rippey, JJ.


text:
    Earl M. Longshore, Respondent, v. Albany Garage Company et al., Appellants, Impleaded with Others.
    Argued April 22, 1938;
    decided May 24, 1938.

      Joseph J. Casey, Corporation Counsel, for City of Albany, appellant.

      John J. Conners, Jr., and Merton D. Meeker for Albany Garage Company, appellant.

      Michael D. Reilly for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cbane, Ch. J., Lehman, O’Bbien, Htjbbs, Loughran, Finch and Rippey, JJ.


text:
    Anna E. Belfanc, Appellant, v. Augustus Belfanc, Respondent.
    Argued April 22, 1938;
    decided May 24, 1938.

      Harry V. Borst and Floyd J. Reinhart for appellant.

      Charles E. Hardies for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Loughran, Finch and Rippey, JJ.


text:
    Henry Heilbrunn et al, as Executors of Louis Heilbrunn, Deceased, Appellants, v. Nelson S. Kellogg, as Executor of Homer F. Kellogg, Deceased, Respondent, Impleaded with Others.
    Submitted May 16, 1938;
    decided May 24, 1938.

      Milton B. Friedman for motion.

      Samuel H. Bloch opposed.
   Motion denied with leave to renew on argument of appeal.


text:
    The People of the State of New York ex rel. Ferris Singleton, Appellant, against John T. Hanley, as Sheriff of the County of Bronx, et al., Respondents.
    Submitted May 16, 1938;
    decided May 24, 1938.

      Samuel J. Foley, District Attorney (Sol. Boneparth of counsel), for motion.
   No one opposed.

Motion granted and appeal dismissed.


text:
    Board of Education of Union Free School District No. 6 of Town of Greenburgh, Respondent, v. Town of Greenburgh et al., Appellants.
    Submitted May 16, 1938;
    decided May 24, 1938.
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 277 N. Y. 193.)


text:
    Sadye Kerr, Appellant, v. New Amsterdam Casualty Company, Respondent.
    Submitted May 16, 1938;
    decided May 24, 1938.
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 276 N. Y. 648.)


text:
    Louis Dorff, Respondent, v. Hyman Bornstein et al., Appellants.
    Submitted May 16, 1938;
    decided May 24, 1938.'
   Motion for an order of restitution pursuant to section 1444 of the Civil Practice Act granted, with ten dollars costs, and it is hereby ordered that the plaintiff, Louis Dorff, forthwith duly execute and deliver to the defendants, Benjamin J. Bornstein and Rose Bornstein, a deed of the property in question with covenant against the acts of the grantor and forthwith deliver possession thereof to them. (See 277 N. Y. 236.)


text:
    The People of the State of New York ex rel. Sound Realty Company, Respondent, against George P. Nicholson, as Corporation Counsel of the City of New York, Defendant. Paul Windels, as Corporation Counsel of the City of New York, Appellant. The People of the State of New York ex rel. Isaac Lefkowitz, Respondent, against George P. Nicholson, as Corporation Counsel of the City of New York, Defendant. Paul Windels, as Corporation Counsel of the City of New York, Appellant.
    (Appeals Nos. 1, 2 and 3.)
    (Appeal No. 4.)
    Submitted May 16, 1938;
    decided May 24, 1938.
   Motion to amend the remittitur denied. It was the intention of this court to award one bill of costs in each proceeding. (See 277 N. Y. 101.)


text:
    Doris M. Willcox, an Infant, by Bertram W. Willcox, Her Guardian ad Litem, Appellant, v. County of Erie, Respondent. Bertram W. Willcox, Appellant, v. County of Erie, Respondent.
    Submitted May 16, 1938;
    decided May 24, 1938.
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 277 N. Y. 604.)


author: Finch, J.

text:
    In the Matter of Leon Mendelson, Respondent, against Paul J. Kern et al., Constituting the Municipal Civil Service Commission of the City of New York, Appellants.
    . Argued April 21,1938;
    decided May 31,1938.

      William, C. Chariler, Corporation Counsel (Robert H. Schaffer and Paxton Blair of counsel), for appellants.

      Gabriel L. Kaplan, Sidney A. Pine and Max Rosnar for respondent.
   Order affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Loughran and Rippey, JJ. Finch, J., dissents in the following opinion:

Finch, J.

(dissenting). The Municipal Civil Service Commission appeals by permission of this court from an order of the Appellate Division affirming a peremptory order of mandamus directing the cancellation of a competitive promotion examination for the position of law assistant, grade 2, conducted by the Civil Service Commission on March 24, 1937.

The single issue presented upon this appeal is whether clerks in the law department of the city of New York, after the completion of a year’s service in that capacity, may take a promotion examination for the position of law assistant in the same department.

On February 8, 1936, the Municipal Civil Service Commission held an open competitive examination for the position of law clerk, grade 1, and examiner, grade 1. The petitioner was one of those who took and passed this examination and was placed first on the eligible list. On August 18, 1936, the rules of the Municipal Civil Service Commission were amended so as to change the title of the position to law assistant, grade 2, which position was ruled identical with law clerk, grade 1, and examiner, grade 1. On February 10, 1937, the Municipal Civil Service Commission directed the holding of a competitive promotion examination for the position of law assistant, grade 2, with eligibility open to all persons in grades 2 and 3 of the clerical service and grades 1, 2 and 3 of the attendants’ service, who had been employed for not less than one year in those positions in the law department. At the request of the law department eligibility for this examination was opened also to clerks, grade 1, who had been admitted to the bar and who had served for a period of not less than one year. On March 24, 1937, thirty-eight candidates participated in this promotion examination, of whom four were successful and now appear upon the promotion eligibility list for appointment. Three of the four successful candidates bore the title of clerk, grade 2, and one, clerk, grade 1.

Thus two examinations were held for the same position. The first was an open competitive examination and the second was a competitive promotion examination.

All the positions involved are contained in the competitive class of the civil service. Clerks appear in part 2 of the clerical service and law assistants in part 5 of the legal service. Petitioner claims that, although both are included in the competitive class, clerks in the clerical service cannot be declared eligible to take a promotion examination for the position of law assistant in the legal service. Therefore, this proceeding was instituted to direct the cancellation of the competitive promotion examination on the ground that the clerks had been improperly declared eligible to take such an examination. The court at Special Term held that the classification of the positions of clerks and law assistants in two separate parts of the secondary classification, namely, clerical and legal, raised a presumption of dissimilarity in duties and in the original entrance examinations for the positions; that the open competitive examination taken by petitioner consisted of questions which tested legal knowledge, whereas the open competitive examination taken by the clerks before their original entrance to their position as clerks consisted of tests designed to measure clerical skill and abilities; that judged by the standards of the open competitive examinations for each of these positions, a clerk was not eligible to take the open examination for law assistant. No weight was given by the court at Special Term to the fact that the examination for promotion to law assistant was not one dealing with clerical skill and ability but was a thorough test of legal knowledge.

The Appellate Division affirmed the Special Term on the ground that the Municipal Civil Service Commission, by holding the promotion examination, violated its own rule as to eligibility.

I take up the applicable law and rules. Section 16 of the Civil Service Law (Cons. Laws, ch. 7) deals with promotions. The rule regarding eligibility for promotion examinations is stated in the first sentence of this section as follows:

“ § 16. Promotion. * * * Vacancies in positions in the competitive class shall be filled, so far as practicable, by promotion from among persons holding positions in a lower grade in the department, office or institution in which the vacancy exists. * * * ”

This primary rule for promotions in the civil service has obviously been adopted from common experience. It accords with what often happens in the workaday world.

This brings me to a consideration of the three limitations provided in section 16 upon the operation of this rule. First, such promotions may take place only “ * - * * so far as practicable;” second, specific authorization must be had from the State or local Civil Service Commission; third, an examination must be passed for the higher position.

In considering whether the promotion in the case at bar was practicable and within the discretion of the Commission, it is to be noted that a comparison of the duties of clerks and of law assistants, taken from this record, shows that the work of the lower position tends to qualify the employee for the performance of the duties of the higher position. This furnishes the test. Among the duties of clerk are the filing of papers, the conforming of law papers and the answering of calendars. The work of law assistant, grade 2, consists of elementary legal work. There is nothing in the work of the latter which renders the position one to which a clerk may not with reason seek promotion. Such promotion was, therefore, practicable, and it was well within the discretion of the Municipal Civil Service Commission to authorize the promotion examination. (See Bridgman v. Cosse, 157 Misc. Rep. 8; affd., 246 App. Div. 632; affd., 271 N. Y. 535.)

Section 16, however, goes further and safeguards efficiency by providing that “ nor shall a person be promoted * * * to a position for original entrance to which there is required by this chapter or the rules an examination involving essential tests or qualifications different from or higher than those required for original entrance to the position held by such person, unless he shall have passed the examination or attained a place upon the eligible list for such higher position.” In other words, at the same time that section 16 provides the main rule regarding promotions, that they shall be filled from among persons holding positions in a lower grade in the same department, office or institution, it safeguards abuse of this principle by providing that such promotion shall be made only so far as practicable, that they must be authorized by the State or local commission, and that no person shall be promoted to a position for original entrance to which there is required an examination involving essential tests or qualifications different from those required for original entrance to the position held by such person, "unless he shall have passed the examination or attained a place upon the eligible list for the higher position. In the case at bar the promotion was in accordance with the main rule laid down in the Civil Service Law, and came within the three limitations provided in this section.

Petitioner next contends that the rules of the Municipal Civil Service Commission bar those in the clerical service, although in the same department, from promotion to the position of law assistant which is in the legal service. He relies on rule 5, section 10, subdivision 13. This provides that “ The Commission may by formal resolution extend eligibility for promotion to positions appearing in Part I, the Ungraded Service; Part III, the Engineering Service; Part VI, the Attendants Service; Part IX, the Prison Service, and Part XII, the Medical Service, to persons who have served in positions appearing in another part of the classification where it shall find that the nature of the duties of the positions held by such persons is such as properly fits them to perform the duties of the positions to which they seek promotion, as fully as do the duties of persons who are regularly eligible for such promotion examinations.” (Italics interpolated.)

To determine who are regularly eligible ” for such promotion examinations one must turn to subdivision 4 of the same rule and section. There he finds: “ Eligibility for promotion shall be limited to persons who have served in the next lower grade or rank for not less than six consecutive months immediately preceding the examination in the department, office, or institution for which the examination is held.” It may be assumed that the clerk was in a lower rank than that of law assistant. Nevertheless, the subdivision above quoted entitles him to take the promotion examination if within the other requirements of section 16 of the Civil Service Law. Subdivision 4 must be read in conjunction with subdivision 13 of this same rule. So reading I find that subdivision 13 mitigates to some extent the limitation on eligibility for promotion contained in subdivision 4 by extending eligibility for promotion with the approval of the Commission to those not in the same department, office or institution, if they áre in the ungraded service, the engineering service, the attendants’ service, the prison service or the medical service. Here, too, the merit system is safeguarded by allowing no promotion unless the same limitations are complied with which apply to regular promotions occurring in the same department, office or institution, and in addition the Civil Service Commission must find that the nature of the duties of the positions held by such persons is such as properly fits them to perform the duties of the positions to which they seek promotion. From 1918 to 1927 the legal service also appeared in subdivision 13 as one of the parts to which promotion might be made from another part. In 1927 subdivision 13 was amended and legal service omitted. Respondent contends that after subdivision 13 was so amended, no such promotion might be made even though those seeking promotion from one part to another were among persons holding positions in a lower-grade or rank in the same department, office or institution in which the vacancy exists. As already shown, however, all that this amendment of subdivision 13 did was to bring about the discontinuance of promotions from or to the legal service if the persons seeking promotions were not in the same department, office or institution. If they were in the same department, office or institution, then promotions would be authorized in the regular course in accordance with section 16 of the Civil Service Law and subdivision 4 of section 10 of rule 5.

The above constructions are confirmed by the fact that this promotion examination has not only been specifically authorized by the Municipal Civil Service Commission, but these identical promotion examinations have been held by successive Commissioners since 1918. Even after subdivision 13 was amended in 1927 so as to omit legal service from the provisions of that subdivision, the Civil Service Commission construed the Civil Service Law and rules as decided herein and conducted the same promotion examinations as formerly and declared the same employees eligible. Between June 25,- 1927, the date of the omission of the legal service from the provisions of subdivision 13, and October 22, 1935, six such promotion examinations similar to that in the case at bar were held. Moreover, the record shows that in many other departments of the city government, and in the courts, eligibility for promotion to a position in a • part not specified in subdivision 13 has been extended to employees in another part of the classification, provided such persons held positions in a lower grade in the same department, office or institution in which the vacancy existed. Court attendants, interpreters, probation officers, clerks and stenographers have been permitted to take promotion examinations for positions in the legal service, such as court clerks, assistants, and deputies, clerks in courts, title examiners, grade 1. While this practicable construction of their own rules by successive Commissions over a period of so many years is not decisive, yet it is somewhat persuasive. In Story v. Craig (231 N. Y. 33) this court, in adverting to a somewhat similar situation, said: Doubt, however, if it might otherwise exist, is dispelled by a practical construction that is continuous and uniform. [Citing cases.] The commission presumably knew its own rules, and understood them. * * * That would be significant though the positions now in controversy were the only ones affected. The significance is heightened when we learn that there are many others. The record states without contradiction that a host of officers and employees in all or nearly all the departments of the city government have been appointed and promoted to positions not enumerated in schedules. We do not readily overturn the settled practice of the years ” (p. 40).

The conclusion I have reached is not weakened by a consideration that the merit system relies as much upon the importance of protecting the right of an employee to seek promotion, as it does to safeguard the original appointment. Were this not so the merit system would fail in one of its primary purposes, namely, that of attracting persons who look forward to making a career of public service.

The order appealed from should be reversed and the petition denied, without costs.

Order affirmed.


text:
    Frank A. Maguire et al., Respondents, v. Yellow Taxicab Corporation et al., Defendants, and Oscar Speck, Appellant.
    Argued May 16,1938;
    decided May 31,1938.

      Walter L. Glenney and ChaunceyL. Grant for appellant.

      Nathan Ottinger for respondents.
   Order affirmed, with costs, and question certified answered in the negative. No opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, ' Loughran, Finch and Rippey, JJ.


text:
    In the Matter of the Estate of Henry Brien, Deceased. Annie A. Coulson, as Executrix and Trustee, Appellant; Jean H. Buller et al., Respondents and Appellants; Jessie B. Tunstall, as Temporary Administratrix of the Estate of Robert Brien, Deceased, Respondent.
    Argued May 16,1938;
    decided May 31,1938.

      Edward E. Beichman, Sydney A. Luria and Alfred B. Carb for appellant.

      Bobert H. Koehler, Daniel J. Madigan, John J. Boyle, C. Frank Beams and Martin D. Jacobs for appellants and respondents.

      Banton Moore, in person, and Walter L. Post for Banton Moore, respondent.

      Edward E. Beichman, Sydney A. Luria and Alfred B. Carb for Jessie B. Tunstall, as administratrix, respondent. Order affirmed, without costs; no opinion.
    Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Loughran, Finch and Rifpey, JJ.


text:
    In the Matter of the Accounting of J. Mathew Wainwright et al., as Trustees under the Will of Herbert G. Squires, Deceased. Virginia S. Squires, as Executrix of Bard MacD. Squires, Deceased, Appellant; John A. Squires et al., Respondents.
    Argued May 16,1938;
    decided May 31,1938.

      Henry G. Seipp and John S. Sheppard for appellant.

      Robert Y. Clark for Marie J. C. Whitman et al.

      Franklin Brooks for Herbert G. Squires, Jr., et al.

      John C. Crawley and Herbert Barry for J. Mayhew Wainwright et al., as trustees, respondents.

      Richard Steel for John A. Squires et al., respondents.
   Order affirmed with costs to all parties filing separate briefs payable out of the estate. No opinion.

Concur: Lehman, O’Brien, Hubbs, Lqughran, Finch and Rippey, JJ. Taking no part: Crane, Ch. J.


text:
    In the Matter of the Probate of the Will of Louis Cohen, Deceased. Isidore Cohen et al., Appellants; Herman Cohen et al., Respondents.
    Argued May 16,1938;
    decided May 31,1938.

      Joseph Burger and Jack E. Levine for Sidney Cohen, appellant.

      Victor Whitehorn and Jules Whitehorn for respondents.
   Order affirmed, without costs; no opinion.

Concur: Lehman, O’Brien, Loughran and Rippey, JJ. Dissenting: Hubbs and Finch, JJ. Taking no part: Crane, Ch. J.


text:
    The People of the State of New York ex rel. Mark D. Ewell, Appellant and Respondent, v. Lloyd P. Robson, Respondent, and County of Oswego, Respondent and Appellant.
    Argued May 17,1938;
    decided May 31,1938.

      Francisco Penberthy and Milton D. Nelson for relator, appellant and respondent.

      William M. Gallagher for defendant county of Oswego, respondent and appellant.
   Order affirmed, without costs; no opinion.

Concur: Lehman, O’Brien, Hubbs, Loughran, Finch and Rippey, JJ. Taking no part: Crane, Ch. J.


text:
    In the Matter of Anna Hommel, as Executrix of Oscar Hommel, Deceased, Respondent, against Town of Saugerties, Appellant.
    Argued May 17,1938;
    decided May 31,1938.

      F. A. W. Ireland for appellant.

      Seth T. Cole for respondent.
   Order affirmed, with costs; no opinion.

Concur: Lehman, O’Brien, Hubbs, Loughran, Finch and Rippey, JJ. Taking no part: Crane, Ch. J.


text:
    In the Matter of the Accounting of Citizens Trust Company of Schenectady, as Trustee under the Wills of George Curtis and Katherine Curtis, Deceased. Josephine S. Anderheggen et al., Appellants; John R. Sofio et al., Respondents.
    Argued May 17,1938;
    decided May 31,1938.

      Chatfield T. Bates for appellants.

      McDonald King and George W. Featherstonhaugh for respondents.
   Order affirmed, with costs to all parties appearing and filing briefs payable out of the estate; no opinion.

Concur: Lehman, O’Brien, Hubbs, Loughran, Finch and Rippey, JJ. Taking no part: Crane, Ch. J.


text:
    In the Matter of Gus Conomon, Appellant, against State Liquor Authority, Respondent.
    Argued May 17,1938;
    decided May 31,1938.

      Albert B. Gins for appellant.

      Monroe I. Katcher, II, and William H. Ticho for respondent.
   Order affirmed, with costs; no opinion.

Concur: Lehman, O’Bbien, Htjbbs and Finch, JJ. Dissenting: Loughban and Rippey, JJ. Taking no part: Grane, Ch. J.


text:
    In the Matter of Mortgage Investments Guaranteed by Lawyers Westchester Mortgage & Title Company and Westchester Title and Trust Company. Charles A. Herman et al., Appellants; Charles J. F. Decker et al., Respondents.
    Argued May 17,1938;
    decided May 31,1938.

      Leonard Klaber for appellants.

      Thomas H. O’Gorman, Walter E. Warner, Jr., R. O’Gorman and E. J. O’Gorman for Mary O’Gorman, amicus curise.

      William F. Bleakley and John J. Ryan for respondents.
   Order affirmed, with costs; no opinion.

Concur: Lehman, O'Brien, Htjbbs, Loughran, Finch and Rippey, JJ. Taking no part: Crane, Ch. J.


text:
    In the Matter of Edward Sahr et al., as Administrators of the Estate of Norman A. Sahr, Deceased, Respondents, against City of North Tonawanda, Appellant.
    Argued May 17,1938;
    decided May 31,1938,

      Franklin R. Brown for appellant.

      Clayton M. Smith and Augustine A. Mosco for respondents.
   Order affirmed, with costs; no opinion.

Concur: O’Brien, Hubbs, Loughran, Finch and Rippey, JJ. Dissenting: Lehman, J. Taking no part: Crane, Ch. J.


text:
    In the Matter of the Application of Joseph K. Sherman, as Trustee in Bankruptcy of Frederick T. Towne. Richard H. Sarver, Appellant; Joseph K. Sherman et al., Respondents.
    Argued May 17,1938;
    decided May 31,1938.

      John B. Doyle fox appellant.

      F. Carroll Taylor for Frederick T. Towne, respondent.
   Order affirmed, with costs; no opinion.

Concur: Lehman, O’Brien, Htjbbs, Lottghran Finch and Rippey JJ, Taking no part: Crane, Ch. J.


text:
    Frank J. Quayle, Jr., Respondent, v. City of New York, Appellant.
    Submitted May 23,1938;
    decided May 31,1938.
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 278 N. Y. 19.)


text:
    In the Matter of Murray Leitner, Respondent, against New York Telephone Company, Appellant.
    Submitted May 23,1938;
    decided May 31,1938.
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 277 N. Y. 180.)


text:
    Beatrice Smith, Appellant, v. Theresa Clute, Respondent.
    Submitted May 23,1938;
    decided May 31,1938.
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 277 N. Y. 407.)


text:
    Batavia Times Publishing Company, Respondent, v. Gabby J. Fury, Appellant.
    Submitted May 23,1938;
    decided May 31,1938.

      Garry J. Fury, in person, for motion.

      William J. Darch opposed.
   Motion denied, with ten dollars costs and necessary printing disbursements, on the ground the order is not final.


text:
    William C. Dodge, Respondent, v. City of New York, Appellant.
    Submitted May 23,1938;
    decided May 31,1938.
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 278 N. Y. 25.)


text:
    Helen Libaris, as Administratrix of the Estate of Andrew J. Libaris, Deceased, Appellant, v. Thomas E. Murray, Jr., as Receiver of Interborough Rapid Transit Company, Respondent.
    Submitted May 23,1938;
    decided May 31,1938.
   Motion for reargument or to amend the remittitur denied, with ten dollars costs and necessary printing disbursements. (See 277 N. Y. 691.)


text:
    John A. Johnson, as Administrator with the Will Annexed of John Johnson, Deceased, Substituted in Place of Ellen Johnson, as Administratrix, Appellant, v. Stromberg-Carlson Telephone Manufacturing Company, Respondent.
    Submitted May 23,1938;
    decided May 31,1938.
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 276 N. Y. 621.)


text:
    Arthur M. Forte, as Administrator of the Estate of Robert Forte, Deceased, Appellant, v. New York Central Railroad Company et al., Respondents, Impleaded with Others. Joseph Kuttler, as Administrator of the Estate of John Kuttler, Deceased, Appellant, v. Same. Henry Swanker, Appellant, v. Same. Charles A. Keefe, Appellant, v. Same.
    Argued May 16,1938;
    decided May 31,1938.

      Kenneth J. Dugan for motion.

      Alexander Diamond opposed.
   Motion denied.


text:
    In the Matter of the Petition of Jessie H. Prime et al., for Appointment of a Substituted Trustee under Trusts Created by Susie E. Heermance, Deceased. Central National Bank of Yonkers, as Substituted Trustee, et al., Appellants; Westchester Trust Company in Liquidation, as Successor Trustee, Respondent.
    Argued May 18, 1938;
    decided June 3, 1938.

      Ralph Earl Prime, Jr., for appellants.

      Robert W. Crawford and Gerald Donovan for respondent.
   Order affirmed, with costs; no opinion.

Concur: Lehman, O’Brien, Hubbs, Loughran, Finch and Rippey, JJ. Taking no part: Crane, Ch. J.


text:
    William J. McCormack Sand Co., Inc., Appellant, v. Edward D. W. Milligan, Inc., et al., Defendants, and Standard Accident Insurance Company, Respondent.
    Argued May 18,1938;
    decided June 3,1938.

      Jacobi. Goodstdnfor appellant.

      Ganson J. Baldwin, John Kirkland Clark and John Kirkland Clark, Jr., for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lehman, O’Bbien, Hubbs, Loughran, Finch and Rippey, JJ. Taking no part: Crane, Ch. J.


text:
    In the Matter of the Will of James E. Weaver, Deceased. Augustus J. McNary, Appellant; Effie M. McNary et al., Respondents.
    Argued May 18, 1938;
    decided June 3, 1938.

      John H. Cogan for appellant.

      John N. Schilling for petitioner, respondent.

      Arthur L. Andrews for National Commercial Bank and Trust Company of Albany et al., as executors and trustees, respondents.
   Order affirmed, with costs payable out of the estate; no opinion.

Concur: Lehman, O’Brien, Hubbs, Loughran, Finch and Rippey, JJ. Taking no part: Crane, Ch. J.


text:
    In the Matter of the Will of Theodore D. Dimon, Deceased. Brooklyn Trust Company, as Trustee under the Will of Theodore D. Dimon, Deceased, Respondent; George F. Lewis, as Administrator with the Will Annexed of Harriet T. Dimon, Deceased, Appellant.
    Argued May 18, 1938;
    decided June 3, 1938.

      Charles L. MacDonald and Murray D. Welch for appellant.

      Joseph K. Ryan and Arthur Gunther for respondent.
   Order affirmed, with costs to all the parties filing separate briefs payable out of the estate. No opinion. (See 278 N. Y. 718.)

Concur: Lehman, O’Brien, Hubbs, Loughran, Finch and Rippey, JJ. Taking no part: Crane, Ch. J.


text:
    In the Matter of the Claim of Julian Knudstad, Respondent, against Emigrant Industrial Savings Bank et al., Appellants. State Industrial Board, Respondent.
    Argued May 18, 1938;
    decided June 3, 1938.

      William B. Davis and E. C. Sherwood for appellants.

      John J. Bennett, Jr., Attorney-General {Boy Wiedersum of counsel), for State Industrial Board, respondent.
   Order afiirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Loughran, Finch and Rippey, JJ.


text:
    In the Matter of the Claim of Veronica Robbins et al., Respondents, against Enterprise Oil Co., Inc., Appellant. State Industrial Board, Respondent.
    Argued May 18,1938;
    decided June 3,1938.

      Joseph E. Connors for appellant.

      John J. Bennett, Jr., Attorney-General {Leon Freedman of counsel), for respondent.
   Motion to dismiss appeal denied. We do not pass upon the effect of such an appeal upon the State Insurance Fund.

Order affirmed, with costs; no opinion.

Concur; Cbane, Ch. J., Lehman, O’Bbien, Hobbs, Loughban, Finch and Rippey, JJ.


text:
    In the Matter of the Will of Joseph C. Kempf, Deceased. Charles W. Kempf, Appellant; Raymond A. Kempf, as Executor of Joseph C. Kempf, Deceased, et al., Respondents.
    Argued May 19, 1938;
    decided June 3, 1938.

      IraM. Ball and Arthur J. Foley for appellant.

      Henry F. Coupe and Leo 0. Coupe for respondents.
   Order affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Lotjghran, Finch and Rippey, JJ.


text:
    Philip Kline, Respondent, v. The State of New York, Appellant.
    (Claim No. 23775.)
    Argued May 19, 1938;
    decided June 3, 1938.

      John J. Bennett, Jr., Attorney-General (PaulMuscarella, Henry Epstein, LeonM. Laydrn and James H. Glavin, Jr., of counsel), for appellant.

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

Concur: Crane, Ch. J., Lehman, O’Brien, Htjbbs, Lotjghran, Finch and Rippey, JJ.


text:
    New York Central Railroad Company, Appellant, v. Highland Grange, Inc., et al., Respondents, Impleaded with Others.
    Argued May 19, 1938;
    decided June 3, 1938.

      Kenneth 0. Mott-Smith, James T. Aspbury and Clive C. Handy for appellant.

      John E.Maek for Highland Grange, Inc., respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Crake, Ch. J., Lehman, O’Brien, Htjbbs, Loughran, Finch and Rippey, JJ.


text:
    The People of the State of New York, Respondent, v. New York Steam Corporation, Appellant.
    Argued May 19,1938;
    decided June 3,1938.

      Nathan L. Miller, and Thomas H. Beardsley for appellant.

      William C. Chanter, Corporation Counsel (James Hall Prothero, Paxton Blair and Silas S. Lippman of counsel), for respondent. ’
   Judgment affirmed; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Loughran, Finch and Rippey, JJ.


text:
    Helen Van Buren, as Administratrix of the Estate of Grant Van Buren, Deceased, Respondent, v. Town of Richmondville, Appellant.
    Argued May 20, 1938;
    decided June 3, 1938.

      Milo R. Kniffen for appellant.

      Sharon J. Mauhs and J. Ernest Wharton for respondent.
   Judgment of the Appellate Division reversed and that of the Trial Term affirmed, with costs in this court and in the Appellate Division. We find no evidence of negligence. No opinion. ■ (See 278 N. Y. 719.)

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Loughran, Finch and Rippey, JJ.


text:
    Elliot Bergman, an Infant, by Louis W. Bergman, His Guardian ad Litem, et al., Respondents, v. Benjamin Feitelowitz, Appellant.
    Argued May 20, 1938;
    decided June 3, 1938.

      Frederick Mellor and Joseph F. Lenihaniox appellant.

      Isidor E. Schlesinger, Leon Singer and Samuel M. Goldberg for respondents.
   Order of the Appellate Division reversed and judgment of the Trial Term affirmed, with costs in this court and in the Appellate Division on the ground that the defendant was not as matter of law guilty of negligence. No opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Htjbbs, Lotjghran, Finch and Rippey, JJ.


text:
    Helen M. David, as Administratrix of the Estate of Jean A. David, Deceased, Respondent, v. McKesson & Robbins, Inc., Appellant, Impleaded with Another.
    Argued May 20, 1938;
    decided June 3, 1938.

      Clarence E. Méllen and Frederick Mellor for appellant.

      Joseph P. Walsh, Peter F. Gulotta and George Fogler for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Lottghran, Finch and Rippey, JJ.


text:
    Joseph F. Cohen, Respondent, v. Bernard White, Defendant, and Morris White, Appellant.
    Submitted May 31,1938;
    decided June 3,1938.

      William J. Butler for motion.

      Archibald Palmer opposed.
   Motion denied with leave to renew upon the argument of the appeal.


text:
    In the Matter of the Accounting of Chemical Bank and Trust Company, as Trustee under the Will of Morris Schinasi, Deceased, Appellant and Respondent. Laurette Schinasi et al., Respondents and Appellants; Raymond D. Sanders et al., Infants, by John G. Saxe, Their Special Guardian, Respondents.
    Submitted May 31,1938;
    decided June 3,1938.
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 277 N. Y. 252.)


text:
    The People of the State of New York, Respondent, v. Charles Luciano, Thomas Pennochio, David Betillo, James Frederico, Abraham Wahrman and Ralph Liguori, Appellants.
    Submitted May 31,1938;
    decided June 3,1938.
   Motion for reargument denied. (See 277 N. Y. 348.)


text:
    In the Matter of the Accounting of Guisippina Parascandola, as Administratrix with the Will Annexed of the Estate of Joseph Auditore, Deceased. John J. Kean et al., Appellants; Jennie Parascandola et al., Respondents.
    Submitted May 31,1938;
    decided June 3,1938.
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 278 N. Y. 234.)


text:
    Irving A. Rubin, Appellant, v. Metropolitan Life Insurance Company, Respondent.
    Argued January 11, 1938;
    decided July 7, 1938.

      Abraham L. Pomerantz, Irving A. Rubin (in person) and Julius Levy for appellant.

      William Marshall Bullitt and Harry Cole Bates for respondent.
   Judgment affirmed, without costs, on authority of Rhine v. New York Life Ins. Co. (273 N. Y. 1). No opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Loughran., Finch and Rippey, JJ.


text:
    The People of the State of New York, Respondent, v. Felix J. Cummings and George Lewis, Appellants.
    Argued March 2 and May 24, 1938;
    decided July 7, 1938.

      Benjamin C. Ritman and Leo Healy for Felix J. Cummings, appellant.

      George Gordon Battle for George Lewis, appellant.

      William F. X. Geoghan, District Attorney (Henry J. Walsh of counsel), for respondent.
   As to each defendant: judgment of conviction affirmed. No opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Loughran, Finch and Rippey, JJ.


text:
    Beatrice Lange, Respondent, v. Metropolitan Life Insurance Company, Appellant.
    Argued April 20, 1938;
    decided July 7, 1938.

      Harry Cole Bates and Martin T. Nachtmann for appellant.

      Borden H. Mills and Solomon M. Gilens for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Loughran, Finch and Rippey, JJ.


text:
    In the Matter of the Application of The People of the State of New York, by George S. Van Schaick, as Superintendent of Insurance, for an Order to Take Possession of the Property and Liquidate the Business of the General Indemnity Corporation of America. Louis H. Pink, Superintendent of Insurance of the State of New York, as Liquidator of General Indemnity Corporation of America, Appellant; Central Chevrolet Company, Respondent.
    Argued May 16, 1938;
    decided July 7, 1938.

      Irvin Waldman, Pinckney Estes Glantzburg and Alfred G. Bennett for appellant.

      Samuel S. Allan and Edmimd P. Silver for respondent.
   Order affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Htjbbs, Loughran, Finch and Rippey, JJ.


text:
    Renee T. C. D’Andria, Respondent, v. Richard Hageman, Appellant.
    Argued May 17, 1938;
    decided July 7, 1938.

      Edward E. Hoenig and William M. Sullivan for appellant.

      Samuel Meyers and Morris Meyers for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lehman, O’Bbien, Hubbs, Lotjghran, Finch and Rippey, JJ. Taking no part: Crane, Ch. J.


text:
    In the Matter of the Accounting of Dallas S. Townsend et al., as Ancillary Committee of Isabel D. McHie, an Incompetent Person, Appellants; Isabel D. McHie et al., Respondents.
    Argued May 18, 1938;
    decided July 7, 1938.

      Harold R. Medina, Gardner D. Howie and William F. McNulty for appellants.
    I. Maurice Wormser and Murray E. Baron for Isabel D. McHie, respondent.
   Order affirmed, without costs; no opinion.

Concur: Lehman, O’Bbien, Hubbs, Loughran and Rippey, JJ. Dissenting: Crane, Ch. J. Taking no part: Finch, J.


text:
    The People of the State of New York, Respondent, v. Jack Grushkin, Appellant.
    Argued May 19, 1938;
    decided July 7, 1938.

      Leo H. Klugherz and Richard Klugherz for appellant.

      Thomas E. Dewey, District Attorney (Felix C. Benvenga and Charles C. Tillinghast, Jr., of counsel), for respondent.
   Judgment affirmed; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Loughran, Finch and Rippey, JJ.


text:
    The People of the State of New York, Respondent v. John Rylowicz, Appellant.
    Argued May 23, 1938;
    decided July 7, 1938.

      Martin W. Littleton and Richard H. Brown for appellant.

      Edward J. Neary, District Attorney (Philip Huntington of counsel), for respondent.
   Judgment of conviction affirmed; no opmion.

Concur: Crake, Ch. J., Lehman, O’Brien, Hubbs Loughran, Finch and Rippey, JJ.


text:
    Curtis B. Dall, Respondent, v. Time Incorporated, Appellant.
    Argued May 23, 1928;
    decided July 7, 1938.

      William D. Whitney, Bruce Bromley, Alexander Hehmeyer and Samuel B. Stewart, Jr., for appellant.

      Caruthers Ewing and Gustan T. Eitzhugh for respondent.
   Order affirmed and judgment absolute ordered against appellant on the stipulation with costs in all courts. The question of whether the libel here charged is a libel as matter of law is not' before us. No opinion. (See 278 N. Y. 718.)

Concur: Lehman, O’Brien, Hubbs, Loughran, Finch and Rippey, JJ. Taking no part: Crane, Ch. J.


text:
    The People of the State of New York, Respondent, v. Saro Mugavaro, Appellant.
    Argued May 24, 1938;
    decided July 7, 1938.

      Caesar B. F. Barra and Ralph J. Barra for appellant.

      Thomas E. Dewey, District Attorney (Felix C. Benvenga and Arnold Bauman of counsel), for respondent.
   Judgment against Mugavaro reversed and the indictment dismissed on the ground the evidence is insufficient to justify the jury to find him guilty beyond a reasonable doubt. No opinion.

Concur: Lehman, O’Brien, Htjbbs, Loughran, Finch and Rippey, JJ. Taking no part: Crane, Ch. J.


text:
    Joseph A. Schaefer, Respondent, v. Groton Corporation et al., Appellants.
    Argued June 2, 1938;
    decided July 7, 1938.

      Forbes D. Shaw and Robert E. Coulson for appellants.

      Louis W. Stotesbwry for respondent.
   Order affirmed, with costs, and question certified answered in the negative. The bill of particulars does not conclusively show that the Statute of Frauds applies. No opinion.

Concur: Lehman, O’Brien, Hubbs, Loughran, Finch and Rippey, JJ. Taking no part: Crane, Ch. J.


text:
    The People of the State of New York ex rel. Frank Ambrosio, Appellant, v. Joseph H. Brophy, as Warden of Auburn State Prison, Respondent.
    Submitted June 3, 1938;
    decided July 7, 1938.

      Frank Ambrosio, appellant, in person.

      John J. Bennett, Jr., Attorney-General (Edward T. Boyle, Everett D. Mereness and Patrick H. Clune of counsel), for respondent.
   Order affirmed, without costs. The validity of the commitment cannot be tested by habeas corpus proceedings. No opinion.

Concur: Lehman, O’Brien, Hubbs, Loughran, Finch and Rippey, JJ. Taking no part: Crane, Ch. J.


text:
    The People of the State of New York ex rel. Rocco La Fortuna, Appellant, v. Joseph H. Brophy, as Warden of Auburn State Prison, Respondent.
    Submitted June 3, 1938;
    decided July 7, 1938.

      Boceo La Fortuna, appellant, in person.

      John J. Bennett, Jr., Attorney-General (Patrick H. Clune and Edward T. Boyle of counsel), for respondent.
   Order affirmed, without costs. The validity of the commitment cannot be tested by habeas corpus proceedings. No opinion.

Concur: Lehman, O’Brien, Hobbs, Loughran, Finch and Rippey, JJ. Taking no part: Crane, Ch. J.


text:
    Jessie Taylor, Appellant, v. George J. Ryan et al., Constituting the Board of Education of the City of New York, et al., Respondents.
    Argued May 24, 1938;
    decided July 7, 1938.

      Burgess Osterhout and Hyler Connell for appellant.

      William C. Chanler, Corporation Counsel (Alan M. Stroock, Paxton Blair and Nelson Rosenbaum of counsel), for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Lehman, O’Brien, Hubbs, Loughran, Finch and Rippey, JJ. Taking no part: Crane, Ch. J.


text:
    In the Matter of Harold D. Simpson, Appellant, against Frank J. Taylor, as Comptroller of the City of New York, Respondent.
    Argued May 24, 1938;
    decided July 7, 1938.

      Herman E. Cooper and Charles Barasch for appellant.

      William C. Chanler, Corporation Counsel (Edward J. McQratty, Jr., Paxton Blair and Nicholas Bucd of counsel), for respondent.
   Order affirmed, with costs; no opinion.

Concur: Lehman, O’Brien, Hubbs, Loughran, Finch and Rippey, JJ. Taking no part: Crane, Ch. J.


text:
    Mayo L. French, Jr., Appellant, v. Joseph D. McGoldrick, as Comptroller of the City of New York, et al., Respondents.
    Argued May 24, 1938;
    decided July 7, 1938.

      George Dyson Friou for appellant.

      William C. Chanler, Corporation Counsel (Alvin McKinley Sylvester, Oren Clive Herwitz and John G. Clancy of counsel), for respondents.

      John P. O’Brien, amicus curise.

   Judgment affirmed, with costs; no opinion.

Concur: Lehman, O'Brien, Hubbs, Loughran, Finch and Rippey, JJ. Taking no part: Crane, Ch. J.


text:
    William Huston et al., as Administrators of the Estate of Dorothy A. Huston, Deceased, Respondents, v. County of Chenango, Appellant.
    Submitted May 24, 1938;
    decided July 7, 1938.

      H. C. Stratton and V. D. Stratton for appellant.

      Livingston S. Latham for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: O’Brien, Hitbbs, Finch and Rippey, JJ. Dissenting: Lehman and Loughran, JJ. Taking no part: Crane, Ch. J.


text:
    Edson M. Webb, Appellant, v. Jesse Miles, Respondent.
    Submitted May 25, 1938;
    decided July 7, 1938.

      V. D. Stratton and H. C. Stratton for appellant.

      Donald S. Whitney and James S. Flanagan for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Loughran, Finch and Rippey, JJ.


text:
    James F. T. O’Connor, as Comptroller of the Currency et al., Appellants, v. Bankers Trust Company et al., Respondents.
    Argued May 25, 1938;
    decided July 7, 1938.

      Alfred A. Cook, Harold Nathan, Clarence J. Shearn, Ben Herzberg, Henry Cohen and Clarence J. Shearn, Jr.) for appellants.

      John W. Davis, Joseph M. Proskauer, Bethuel M. Webster, Robert N. West, J. Alvin Van Bergh, Edwin F. Blair and Henry C. Smith for Bankers Trust Company et al., respondents.

      Wilkie Bushby and V. Henry Rothschild, 2nd, for President and Directors of Manhattan Company, respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lehman, O’Brien, Hhbbs, Loughran and Rippey, JJ. Taking no part: Crane, Ch. J., and Finch, J.


text:
    The People of the State of New York ex rel. Young Men’s Christian Association of the City of New York, Respondent, v. William S. Miller et al., as Commissioners of Taxes and Assessments of the City of New York, Appellants. (Three Proceedings.)
    Argued May 26, 1938;
    decided July 7, 1938.

      William C. Chanler, Corporation Counsel (Oscar S. Cox, Edward J. McGratty, Jr., and Murray Sendler of counsel), for appellants.
    i George L. Allin, Joseph R. Shaughnessy and Henry Allen Mark for respondent.
   Order affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Loughran, Finch and Rippey, JJ.


text:
    The People of the State of New York ex rel. Christodora House, Respondent, v. William S. Miller et al., Constituting the Board of Taxes and Assessments in the City of New York, Appellants. (Three proceedings.)
    Argued May 26, 1938;
    decided July 7, 1938.

      William C. Chanler, Corporation Counsel (Oscar S. Cox and Milton I. Newman of counsel), for appellants.

      George E. Cleary and Sidney D. Krystal for respondent.
   Order affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Htjbbs, Loughran, Finch and Rippey, JJ.


text:
    In the Matter of Herman Turkel, an Attorney, Appellant; Association of the Bar of the City of New York, Respondent.
    Submitted May 26, 1938;
    decided July 7, 1938.

      Philip C. Samuels, J. Kenneth McCabe and George H. Feirberg for appellant.

      Theodore Kiendl, Finar Chrystie and F. Campbell Jeffery for respondent.
   Order reversed and proceeding dismissed as the evidence does not sustain the charge. No opinion.

Concur: Crane, Ch. J., Lehman, OBrien, Loughran and Rippey, JJ. Dissenting: Hubbs and Finch, JJ.


text:
    The People of the State of New York, Respondent, v. Dominick Spina, Appellant.
    Argued May 26, 1938;
    decided July 7, 1938.

      Louis Jay Brecher for appellant.

      William C. Chanter, Corporation Counsel (Paxton Blair and Charles E. Ramsgate of counsel), for respondent.
   Judgment affirmed; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs Loughran, Finch and Rippey, JJ.


text:
    Jacob Lukin et al., Respondents, v. Anna Freed, Appellant.
    Argued May 26, 1938;
    decided July 7, 1938.

      Emile Z. Berman, Louis Helfenstein and Joseph S. Robinson for appellant.

      John Bogart and Abraham P. Wilkes for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Loughran, Finch and Rippey, JJ,


text:
    Louis Greenstein, Appellant, v. Pacific Mutual Life Insurance Company of California, Respondent.
    Argued May 26, 1938;
    decided July 7, 1938.

      Charles A. Cohen and Wallace Printz for appellant.

      Raymond T. Heilpern and Irving 8. Freedman for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Lottghran, Finch and Rippey, JJ.


text:
    Rose S. Malmud, as Beneficiary of a Trust under the Will of Nathan Malmud, Deceased, Respondent, v. Lillian Blackman et al., Appellants, and Annie Malmud, Individually and as Executrix of Nathan Malmud, Deceased, Respondent and Appellant, Impleaded with Others, Respondents.
    Argued May 26, 1938;
    decided July 7, 1938.

      Clarence G. Bachrach for appellants.

      Theodore H. Malmud, George Turitz and David I. Tieger for plaintiff-respondent, and for Annie Malmud, individually, appellant.
   Judgment affirmed, without costs; no opinion.

Concur: Lehman, O’Brien, Hubbs, Loughran, Finch and Rippey, JJ. Taking no part: Crane, Ch. J.


text:
    Matilda L. Dupee, Appellant, v. Travelers Insurance Company of Hartford, Respondent.
    Argued May 26, 1938;
    decided July 7, 1938.

      Alfred L. Weiss, Sidney TJ. Cohn and Alexander Kopp for appellant.

      William A. Roe, Louis P. Galli and William J. Moran for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lehman, O’Brien, Hubbs, Loitghran, Finch and Rippey, JJ. Taking no part: Crane, Ch. J.


text:
    Lepel High Frequency Laboratories, Inc., Respondent, v. Emil R. Capita, Appellant.
    Argued May 27, 1938;
    decided July 7, 1938.

      Irving Mariash for appellant.

      Samuel L. Teitler and Samuel B. Newman for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lehman, O’Brien, Hubbs, Loughran, Finch and Rippey, JJ„ Taking no part: Crane, Ch. J.


text:
    Herbert A. O’Brien, Appellant, v. Samuel M. Birnbaum, Respondent.
    Argued May 27, 1938;
    decided July 7, 1938.

      Nathaniel H. Brower and Bernard Nadel for appellant.

      Charles H. Tuttle and Copal Miniz for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lehman, O’Brien, Hubbs, Loughran, Finch and Rtppey, JJ. Taking no part: Crane, Ch. J.


text:
    Louis Lercari, an Infant, by Stephen Lercari, His Guardian ad Litem, et al., Appellants, v. City of New York, Respondent.
    Argued May 31, 1938;
    decided July 7, 1938.

      Joseph P. Walsh for appellants.

      William C. Chanler, Corporation Counsel (Paxton Blair and George J. Conway of counsel), for respondent.
   Judgment of Appellate Division reversed and that of Trial Term affirmed, with costs in this court and in the Appellate Division. The evidence of constructive notice is sufficient to charge the defendant with liability. No opinion.

Concur: Lehman, O’Brien, Hubbs, Lottghran, Finch and Rippey, JJ. Taking no part: Crane, Ch. J.


text:
    In the Matter of Arthur A. Snyder, Appellant, against Paul J. Kern et al., Constituting the Municipal Civil Service Commission of the City of New York, Respondents.
    Argued May 31, 1938;
    decided July 7, 1938.

      Emil Weitzner, Milton S. Gould and Arthur A. Snyder (in person), for appellant.

      William C. Chanler, Corporation Counsel (Robert H. Schaffer and Paxton Blair of counsel), for respondents.
   Order affirmed, with costs; no opinion.

Concur: Lehman, O’Brien, Hubbs, Loughran, Finch and Rippey, JJ. Taking, no part: Crane, Ch. J.


text:
    In the Matter of William H. Smith et al., Appellants, against William F. Morgan, Jr., as Commissioner of Markets of the City of New York, Respondent.
    Argued May 31, 1938;
    decided July 7, 1938.

      Abraham Buchman for appellants.

      William C. Chanler, Corporation Counsel (Paxton Blair and Francis J. Bloustein of counsel), for respondent.
   Order affirmed, without costs; no opinion.

Concur: Lehman, O’Brien, Hubbs, Loughran, Finch and Rippey, JJ. Taking no part: Crane, Ch. J.


text:
    Ernest Riddell, Respondent, v. Martin L. Rizzo, Appellant.
    Submitted May 31, 1938;
    decided July 7, 1938.

      M. Emanuel Balt for appellant.

      Sol A. Klein and Harry Gittleson for respondent.
   Judgment affirmed, without costs; no opinion.

Concur: Lehman, O’Brien, Hubbs, Loughran, Finch and Rippey, JJ. Taking no part: Crane, Ch. J.


text:
    Liveright Publishing Corporation, Respondent, v. Theodore Dreiser, Appellant.
    Argued May 31, 1938;
    decided July 7, 1938.

      Arthur Carter Hume for appellant.

      George Z. Medalie, Lester B. Bachner and Louis Haimoff for respondent.
   Judgment affirmed, with costs; no opinion. (See 278 N. Y. 708.)

Concur: Lehman, O’Brien, Hubbs, Loughran, Finch and Rippey, JJ. Taking no part: Crane, Ch. J. ' •


text:
    The People of the State of New York, Respondent, v. Harold Silverman, Benjamin N. Spevack, William Goldis and Samuel Schorr, Appellants.
    Argued June 1, 1938;
    decided July 7, 1938.

      Morris Spevack, Haskel Jacobs and Emanuel Bloch for Benjamin N. Spevack, appellant.

      Edward C. Maguire and Edmond B. Butler for William Goldis, appellant.

      Louis H. Solomon and Arthur Imbell for Samuel Schorr, appellant.

      Sol A. Klein for Harold Silverman, appellant.

      Thomas E. Dewey, District Attorney (Barent Ten Eyck, Felix C. Benvenga and E. G. Stoddard of counsel), for respondent.
   As to defendants Spevack, Goldis and Schorr: judgment affirmed. As to defendant Silverman: judgment reversed and information dismissed on the ground that his guilt has not been proven beyond a reasonable doubt. No opinion.

Concur: Lehman, O’Brien, Loughran and Rippey, JJ.; Hubbs and Finch, JJ., concur as to Spevack, Goldis and Schorr, but dissent as to Silverman and vote to affirm as to him. Taking no part: Crane, Ch. J.


text:
    Earnest R. Eckley, Plaintiff, v. The People of the State of New York et al., Respondents, and F. A. Ottman & Son, Inc., Appellant, Impleaded with Another.
    Argued June 1, 1938;
    decided July 7, 1938.

      Monroe J. Cahn for appellant.

      John J. Bennett, Jr., Attorney-General (Warren H. Gilman of counsel), for the People of the State of New York, respondent.

      J. Henry Esser and Munn Brewer for Village of Mamaroneck, respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Lotjghran, Finch and Rippey, JJ.


text:
    In the Matter of the Application of The People of the State of New York, by George S. Van Schaick, as Superintendent of Insurance of the State of New York, Appellant, for an Order to Take Possession of the Property and Liquidate the Business of Guardian Casualty Company. Aaron Kuttler, as Administrator of the Estate of Marsha Kuttler, Deceased, Respondent. In the Matter of the Application of The People of the State of New York, by George S. Van Schaick, as Superintendent of Insurance of the State of New York, Appellant, for an Order to Take Possession of the Property and Liquidate the Business of Consolidated Indemnity and Insurance Company. Aaron Kuttler, as Administrator of the Estate of Marsha Kuttler, Deceased, Respondent.
    Argued June 1, 1938;
    decided July 7, 1938.

      Albert L. Sussman and Lester Weil for appellant.

      Victor W. Milch for respondent.
   Orders affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Htjbbs, Lotjghran, Finch and Ripbey, JJ.


text:
    The People of the State of New York, Respondent, v. Jacob Podel, Appellant.
    Submitted June 1, 1938;
    decided July 7, 1938.

      Herbert S. Greenberg for appellant.

      William F. X. Geoghan, District Attorney (George F. Palmer, Jr., of counsel), for respondent.
   Judgment afiirmed; no opinion.

Concur: Lehman, O’Brien, Htjbbs, Loughran, Finch and Rippey, JJ. Crane, Ch. J., dissents on the ground that there is no evidence whatever to justify the conviction.


text:
    The People of the State of New York, Respondent, v. Max Burman, Appellant.
    Argued June 2, 1938;
    decided July 7, 1938,

      Maurice Edelbaum for appellant.

      Thomas E. Dewey, District Attorney (Harris B. Stein-berg of counsel), for respondent.
   Judgment affirmed; no opinion.

Concur: Lehman, O’Brien, Hubbs, Loughran, Finch and Rippey, JJ. ■ Taking no part: Crane, Ch. J.


text:
    In the Matter of the Accounting of City Bank Farmers Trust Company, as Trustee under the Will of Emma J. Mason, Deceased, Appellant; Edith Webb et al., Respondents.
    Argued June 2, 1938;
    decided July 7, 1938.

      C. Alexander Capron, Edwin W. Cooney and Elmer J. Hoare for appellant.

      William J. O’Shea, Jr., and Edward D. Burns for Murray de Klee, et al., respondents.
   Order affirmed, with costs to infant respondents; no opinion.

Concur: Lehman, O’Brien, Hubbs, Loughran, Finch and Rippey, JJ. Taking no part: Crane, Ch. J.


text:
    In the Matter of Louis J. Immediato, Individually and as President of the Assistant Foreman Eligibles Association, Appellant, against Paul J. Kern et al., Constituting the Civil Service Commission of the City of New York, Respondents.
    Argued June 2, 1938;
    decided July 7, 1938.

      Samuel Resnicoff and Samuel J. Joseph for appellant.

      William C. Chanter, Corporation Counsel (,Jeremiah M. Evarts and Paxton Blair of counsel), for defendants, respondents.

      Walter R. Hart and Bernard Shatzkin for intervening respondents.
   Order affirmed, with costs; no opinion.

Concur: Lehman, O’Brien, Hubbs, Lotjghran and Finch, JJ. Dissenting: Rippet, J. Taking no part: Crane, Ch. J.


text:
    The People of the State of New York, Respondent, v. Diana Specialty Company, Inc., Appellant.
    Argued June 2, 1938;
    decided July 7, 1938.

      8. John Bloch and Robert Halpern for appellant.

      Thomas E. Dewey, District Attorney (Félix C. Benvenga and Karl Grebow of counsel), for respondent.

      Alfred S. Perlstein for Law Enforcement Committee of the New York State Pharmaceutical Association, amicus curise.

   Judgment affirmed; no opinion.

Concur: Lehman, O’Brien, Hubbs, Loughban, Finch and Rippey, JJ. Taking no part: Crane, Ch. J.


text:
    J. Samuel Fowler, as Administrator with the Will Annexed of the Estate of Lavantia C. Abbott, Deceased, Respondent, v. Kate E. Firth, Individually and as Administratrix with the Will Annexed of the Estate of Emma G. Garfield, Deceased, Appellant.
    Submitted June 3, 1938;
    decided July 7, 1938.

      McKinley L. Phillips and W. Travis Look for appellant.

      J. Samuel Fowler, respondent in person.
   Judgment affirmed, with costs- no opinion.

Concur: Lehman, O’Brien, Hubbs, Loughran, Finch and Rippey, JJ. Taking no part: Crane, Ch. J.


text:
    Robert Goelet et al., as Trustees under the Will of Ogden Goelet, Deceased, et al., Respondents, v. W. P. Chrysler Building Corporation, Appellant.
    Argued June 3, 1938;
    decided July 7, 1938.

      Francis B. TJpham, Jr., and John H. Phelan for appellant.

      Edward F. Clark, Leonard J. Reynolds and John A. Shorten for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Lehman, O’Brien, Hubbs, Loughran, Finch and Rtppey, JJ. Taking no part: Crane, Ch. J.


text:
    Louis Hansen, Respondent, v. Adams Grease Gun Corporation et al., Appellants.
    Argued June 3, 1938;
    decided July 7, 1938.

      Selby G. Smith for Adams Grease Gun Corporation, appellant.

      Bertram Sommer for Trageser Steam Copper Works, appellant.

      Philip Halpem and Alfred D. Conn for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lehman, O’Brien, Hubbs, Loughran, Finch and Rippey, JJ. Taking no part: Crane, Ch. J.


text:
    In the Matter of Amsterdam Dispatch, Inc., et al., Appellants, against William Devery, as President of International Brotherhood of Teamsters, etc., Truck Drivers and Chauffeurs Union 807, et al., Respondents.
    Submitted June 3, 1938;
    decided July 7, 1938.

      Jeremiah T. Mahoney and Harris J. Klein for appellants.

      Edmond B. Butler and Edward C. Maguire for respondents.
   Order affirmed, with costs; no opinion.

Concur: Lehman, O’Brien, Httbbs, Loughran, Finch and Rippey, JJ. Taking no part: Crane, Ch. J.


text:
    Eugene A. Perkins, Plaintiff, v. Guaranty Trust Company of New York, Defendant, and Idonah S. Perkins, Respondent. Guy H. Riegel, Appellant.
    Submitted June 3, 1938;
    decided July 7, 1938.

      Chauncey E. Treadwell and Guy Hughes Riegel (in person) for appellant.

      George A. Ferris and Bartholomew A. Moynahan for respondent.
   Order affirmed, with costs; no opinion.

Concur: Lehman, O’Brien, Hubbs, Loughran, Finch and Rippey, JJ. Taking no part: Crane, Ch. J.


text:
    The People of the State of New York ex rel. James B. O’Keefe, Respondent, against Mark Graves et al., Constituting the State Tax Commission, Appellants.
    Argued June 3, 1938;
    decided July 7, 1938.

      John J. Bennett, Jr., Attorney-General (.Henry Epstein and Joseph M. Mesrvig of counsel), for appellants.

      Daniel McNamara, Jr., William J. Calise and Israel I. Davidson for respondent.
   Order affirmed, with costs on the authority of People ex rel. Rogers v. Graves (299 U. S. 401). No opinion.

Concur: Lehman, O’Brien, Httbbs, Loughrán, Finch and Rippey, JJ. Taking no part: Crane, Ch. J.


text:
    Bender Press, Inc., Appellant and Respondent, v. County of Orange, Respondent and Appellant.
    Argued June 3, 1938;
    decided July 7, 1938.

      Stanley B. Johnson for plaintiff, appellant and respondent.

      Percy V. D. Gott for defendant, respondent and appellant.
   Judgment affirmed, without costs; no opinion.

Concur: Lehman, O’Brien, Hubbs, Loughran, Finch and Rippey, JJ. Taking no part: Crane, Ch. J.


text:
    Rema V. Morrison, as Administratrix of the Estate of Kendrick W. Morrison, Deceased, Appellant, v. New York Telephone Company et al., Respondents, Impleaded with Another.
    Submitted June 3, 1938;
    decided July 7, 1938.
   Motion for reargument denied with ten dollars costs and necessary printing disbursements. (See 277 N. Y. 444.)


text:
    In the Matter of Rose M. Sheridan, Respondent, against John J. McElligott, as Fire Commissioner of the City of New York, Appellant.
    Submitted June 2, 1938;
    decided July 7, 1938.
   Motion for reargument denied with ten dollars costs and necessary printing disbursements. (See 278 N. Y. 59.)


text:
    In the Matter of William J. Cook et al., Respondents, against Paul J. Kern et al., Constituting the Civil Service Commission of the City of New York et al., Appellants, Impleaded with Another.
    Submitted June 3, 1938,
    decided July 7, 1938.
   Motion for reargument denied with ten dollars costs and necessary printing disbursements. (See 278 N. Y. 195.)


text:
    Chase National Bank of City of New York, Respondent, v. Mary Turner et al., Defendants, and Kathleen N. O’D. Candee Individually and as Executrix of William F. S. Hart, Deceased, Appellant.
    Submitted July 7, 1938,
    decided July 7, 1938.
   Motion to amend remittitur denied with ten dollars costs and necessary printing disbursements. The affirmance of the judgment disposes of the litigation between the parties. (See 278 N. Y. 542.)


text:
    In the Matter of Helen M. Eul, Appellant, against Joseph A. Kania et al., Respondents.
    Argued September 17, 1938;
    decided September 17, 1938.

      Jacob Leiman for appellant.

      Henry Patent and Mortimer M. Cassidy for respondents.
   Order of Appellate Division reversed and that of Special Term affirmed, without costs, on the ground that under the facts of this case section 135 of the Election Law has not been complied with in that the sheets of the petition were not numbered. No opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Loughran, Finch and Rippey, JJ.


text:
    In the Matter of Stanley F. Nagiel, Appellant, against George E. Laukaitis et al., Respondents.
    Argued September 17, 1938;
    decided September 17, 1938.

      Jacob Leiman for appellant. ■ -

      Henry Patent and Mortimer M. Cassidy for respondents.
   Order of Appellate Division reversed and that of Special Term affirmed, without costs, on the ground that under the facts of this case section 135 of the Election Law has not been complied with in that the sheets of the petition were not numbered. No opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Lottghran, Finch and Rippey, JJ.


text:
    In the Matter of Roy H. Rudd, Respondent, against Joseph A. Marchetti, Appellant.
    Argued September 17, 1938;
    decided September 17, 1938.

      Milton Hertz, Louis Waldman and Charles Wilson for appellant.

      Nathan W. Math for respondent.
   Order affirmed, without costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Loughran, Finch and Rippey, JJ.


text:
    Frederick A. Mann, Appellant, v. Walter Major, Individually and as Superintendent of Highways of the Town of Irondequoit, Respondent.
    Submitted May 16, 1938;
    decided October 4, 1938.-
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 275 N. Y. 497.)


text:
    In the Matter of Charles Beckmann, as Executor of William Beckmann, Deceased, Appellant, against Charles N. Talbot, Jr., et al., Composing the Board of Trustees and Building Committee of the Village of Island Park, Respondents.
    Submitted July 7, 1938;
    decided October 4, 1938.
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 278 N. Y. 146.)


text:
    Joseph Mercadante et al., Appellants, v. Empire Trust Company, Respondent.
    Submitted July 7, 1938;
    decided October 4, 1938.

      Max D. Steuer and Henry Klein for motion.

      Edmund F. Lamb opposed.
   Motion denied, without costs, with leave to renew on argument of appeal.


text:
    In the Matter of Rose De Nicola, Respondent, against Harry De Nicola, Appellant.
    Submitted July 7, 1938;
    decided October 4, 1938.

      William C. Chanler, Corporation Counsel (Paxton Blair of counsel), for motion.

      James C. Danzilo opposed.
   Motion granted and appeal dismissed.


text:
    City of New York, Respondent, v. Wilson & Co., Inc., Appellant.
    Submitted July 7, 1938;
    decided October 4, 1938.
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 278 N. Y. 86.)


text:
    Emmanuel Lewin, as Assignee of Pioneer Luminous Lights, Inc., Respondent, v. Joseph S. Abrams, Trading as Abrams & Co., Appellant.
    Submitted July 7, 1938;
    decided October 4, 1938.

      Robert J. Blum for motion.
    No one opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion.


text:
    In the Matter of the Application of the City of New York, Respondent, Relative to Acquiring Title to Real Property Required for the Opening and Extending of Braddock Avenue (Rocky Hill Road) and Other Avenues in the Borough of Queens. Mott Homes, Inc., et al., Appellants.
    Submitted July 7, 1938;
    decided October 4, 1938.
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 278 N. Y. 163.)


text:
    Fred Kammerer, Appellant, v. Isidore Ginsberg, Respondent.
    Submitted July 7, 1938;
    decided October 4, 1938.

      Isidore Ginsberg, in person, for motion.

      Fred Kammerer, in person, opposed.
   Motion granted and appeal dismissed, without costs.


text:
    In the Matter of the Accounting of Brooklyn Trust Company, as Temporary Administrator of the Estate of Claude C. Pinney, Deceased, and of Brooklyn Trust Company et al., as Executors of Claude C. Pinney, Deceased, Respondents; Katherine C. Pinney, Appellant.
    Submitted July 7, 1938;
    decided October 4, 1938.
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 278 N. Y. 507.)


text:
    The People of the State of New York ex rel. William Prince, Respondent, against Joseph H. Brophy, as Warden of Auburn State Prison, Defendant. The People of the State of New York, Appellant.
    Submitted July 7, 1938;
    decided October 4, 1938.
   Motion for reargument denied. (See 273 N. Y. 90.)


text:
    State Street Trust Company, Appellant, v. Alwin C. Ernst et al., Copartners, under the Firm Name of Ernst & Ernst, Respondents.
    Submitted July 7, 1938;
    decided October 4, 1938.
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 278 N. Y. 104.)


text:
    Neponsit Property Owners’ Association, Inc., Respondent, v. Emigrant Industrial Savings Bank, Appellant.
    Submitted July 7, 1938;
    decided October 4, 1938.
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 278 N. Y. 248.)


text:
    The Nevins, Inc., Appellant, v. Elias Kasmach, as President of the Waiters and Waitresses Union, Local No. 2 of Brooklyn and Queens, Respondent.
    Argued October 3, 1938;
    decided October 4, 1938.

      Louis B. Boudin and Murray R. Paris for motion.

      Robert E. Whalen, Ralph Weller and Milton M. Eisenberg opposed.
   Motion denied, without costs.


text:
    Land Brokerage Company, Respondent, v. Michael Samit, Appellant.
    Submitted October 3, 1938;
    decided October 4, 1938.

      Herbert Z. Buck for motion.

      Jacob B. Goldberg opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion, unless appellant files and serves undertaking on appeal and pays ten dollars costs within ten days, in which event the motion is denied.


text:
    The People of the State of New York ex rel. Charles C. Spencer, Respondent, against Blakely R. Webster, as Superintendent of Dannemora State Hospital, Defendant. The People of the State of New York et al., Appellants.
    Submitted October 3, 1938;
    decided October 4, 1938.

      A. Stanley Copeland for motion.

      John J. Bennett, Jr., Attorney-General (Everett D. Mereness of counsel), opposed.
   Motion denied.


text:
    In the Matter of James P. Mazzone, Appellant. David Hjorth et al., Respondents.
    Submitted October 3, 1938;
    decided October 4, 1938.

      Edwin C. Hamburg and Merle I. St. John for motion.

      Samuel Femer opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion, unless appellant files and serves undertaking on appeal and pays ten dollars costs within ten days, in which event the motion is denied.


text:
    In the Matter of William H. Griffin, Jr., an Attorney, Appellant. Association of the Bar of the City of New York, Respondent.
    Submitted October 3, 1938;
    decided October 4, 1938.

      Samuel C. Lewis and Linar Chrystie for motion.

      Edmund Donald Wilson opposed.
   Motion granted and appeal dismissed.


text:
    Liveright Publishing Corporation, Respondent, v. Theodore Dreiser, Appellant.
    Submitted October 3, 1938;
    decided October 5, 1938.
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 278 N. Y. 669.)


text:
    Moscow Fire Insurance Company et al., Respondents, v. Bank of New York and Trust Company et al., Respondents. Samuel E. Morro et al., Respondents, v. Moscow Fire Insurance Company et al., Respondents. United States of America, Appellant. Moscow Fire Insurance Company et al., Plaintiffs, v. Bank of New York and Trust Company et al., Defendants. Samuel E. Morro et al., Plaintiffs, v. Moscow Fire Insurance Company et al., Defendants. United States of America, Appellant; Vladimir A. Miller, Respondent.
    Submitted July 7, 1938; argued October 3,1938;
    decided October 6, 1938.

      Paul C. Whipp, Hartwell Cabell and Borris M. Komar for motions.

      Lamar Hardy, United States Attorney {Leon E. Spencer of counsel), opposed.
   Motions to dismiss appeals from judgment of 1934 and orders of 1937 granted, and appeals dismissed, without costs.


text:
    In the Matter of the Application of Charles C. Wing, as Chairman of the Republican County Committee of the County of Albany, Appellant, against Patrick J. Ryan et al., Constituting the Board of Elections of the County of Albany, et al., Respondents.
    Argued October 3, 1938;
    decided October 11, 1938.

      Isadore Bookstein and Borden H. Mills for appellant.

      George W. Foy for Edward J. O’Connell, as Chairman of the Democratic County Committee of the County of Albany, respondent.

      Walter L. Collins, County Attorney,, for the Board of Elections of the County of Albany, respondent.
   Order affirmed, without costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Lottghran, Finch and Rippey, JJ.


text:
    Wladyslaw Zebrowski, Respondent, v. Maxim Bobinski, Appellant. (Action No. 2.)
    Submitted October 3, 1938;
    decided October 11, 1938.
   Motion for reargument or to amend the remittitur denied, with ten dollars costs and necessary printing disbursements: (See 278 N. Y. 332.)


text:
    City of Buffalo, Respondent, v. Jennie W. Cottle et al., as Executors of Octavius O. Cottle, Deceased, et al., Appellants, Impleaded with Others.
    Submitted October 3, 1938;
    decided October 11, 1938.
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 278 N. Y. 536.)


text:
    Glenn L. Judd et al., Appellants, v. Board of Education of Union Free School District No. 2 of the Town of Hempstead et al., Respondents. John J. Bennett, Jr., as Attorney-General of the State of New York, et al., Respondents.
    Submitted October 3, 1938;
    decided October 11, 1938.
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 278 N. Y. 200.)


text:
    Wanamaker Bass, Appellant, v. Joseph V. Mitchell, Individually and as Executor of John J. Clancey, Deceased, Respondent, Impleaded with Another.
    Submitted October 3, 1938;
    decided October 11, 1938.

      Clarence E. Mellen for motion.
    No one opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion, unless appeal is perfected and appellant pays ten dollars costs within ten days, in which event the motion is denied.


text:
    In the Matter of the Estate of Mary J. Hall, Deceased. Georgia Hare, as Administratrix of the Estate of Mary J. Hall, Deceased, Appellant; Austin L. Mott, Respondent.
    Argued October 3, 1938;
    decided October 11, 1938.

      J. Irving Lynch for motion.

      Georgia Hare, in person, opposed.
   Motion granted to the extent of permitting the filing of a brief, otherwise denied.


text:
    City of Buffalo, Respondent, v. Edmund P. Cottle et al., as Executors of Octavius O. Cottle, Deceased, et al., Appellants, Impleaded with Others.
    Submitted October 3, 1938;
    decided October 11, 1938.

      David Diamond, Corporation Counsel (Bertha J. Strootman of counsel), for motion.
    No one opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion.


text:
    In the Matter of the City of New York, Appellant, Relative to Acquiring Title to Real Property Required for the Opening and Extending of Whitlock Avenue, in the Borough of the Bronx. 430 East 59th Street Corporation et al., Respondents.
    Submitted October 3, 1938;
    decided October 11, 1938.
   Motions for reargument denied, with ten dollars costs and necessary printing disbursements. (See 278 N. Y. 276.)


text:
    In the Matter of the Application of the Corporation Counsel of the City of New York Relative to the Appointment of Commissioners to Determine Damages to Property Owners Caused by the Closing of Old Third Avenue in the Borough of the Bronx. John L. Armstrong, as Executor of John Armstrong, Deceased, Appellant; City of New York, Respondent.
    Submitted October 3, 1938;
    decided October 11, 1938.

      William C. Chanler, Corporation Counsel (Lewis Orgel of counsel), for motion.

      Frederick W. Hottenroth opposed.
   Motion denied.


text:
    P. Delany and Company, Respondent, v. Rosanna Duvoli et al., Defendants; Frances M. Labes, Appellant, and Louis Argenio et al., Respondents.
    Submitted October 3, 1938;
    decided October 11,1938.
   Motion for reargument or to amend the remittitur denied, with ten dollars costs and necessary printing disbursements. (See 278 N. Y. 328.)


text:
    In the Matter of Kesbec, Inc., Respondent, against Joseph D. McGoldrick, as Comptroller of the City of New York, Appellant.
    Submitted October 3, 1938;
    decided October 11, 1938.
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 278 N. Y. 293.)


text:
    M. F. Hickey Co., Inc., Respondent, v. Lothair H. Szerlip, Appellant, Impleaded with Others.
    Argued October 3, 1938;
    decided October 11, 1938.

      Barnet Rosenfeld for motion.

      Lothair H. Szerlip, in person, opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion.


text:
    In the Matter of the Estate of Abraham Ratchick, Deceased. Sarah Ratchick, Individually and as an Executor and Trustee under the Will of Abraham Ratchick, Deceased, et al., Appellants; Patchogue Citizens Bank and Trust Company, as an Executor and Trustee under the Will of Abraham Ratchick, Deceased, et al., Respondents.
    Submitted October 3, 1938;
    decided October 11, 1938.

      Joseph T. Losee for motion.

      Alexander 0. Blue opposed.
   Motion denied, with ten dollars costs.


text:
    In the Matter of the Liquidation of New York Title and Mortgage Company. Frank L. Weil et al., as Trustees of Series C-2, First Mortgage Participation Certificates, et al., Appellants; Louis H. Pink, Superintendent of Insurance of the State of New York, as Liquidator, Respondent.
    Submitted October 3, 1938;
    decided October 11, 1938.
   Motion for reargument denied, with ten dollars costs and necessary printing disbursement's. (See 278 N. Y. 488.)


text:
    In the Matter of the Will of Theodore D. Dimon, Deceased. Brooklyn Trust Company, as Trustee under the Will of Theodore D. Dimon, Deceased, Respondent; George F. Lewis, as Administrator with the Will Annexed of Harriet T. Dimon, Deceased, Appellant.
    Submitted October 3, 1938;
    decided October 11, 1938.
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 278 N. Y. 608.)


text:
    Curtis B. Dall, Respondent, v. Time Incorporated, Appellant.
    Submitted October 3, 1938;
    decided October 11, 1938.
   Motion for reargument or to vacate the remittitur denied, with ten dollars costs and necessary printing disbursements. (See 278 N. Y. 635.)


text:
    Leon Pierce, Respondent, v. Treivale Pierce et al., Appellants.
    Submitted October 3, 1938;
    decided October 11, 1938.

      Sidney S. Bdbbé for motion.

      Harris Jay Griston opposed.
   Motion denied.


text:
    The Bowery Savings Bank, Respondent, v. Janet W. Nirenstein et al., Appellants, Impleaded with Others.
    Argued October 3,1938;
    decided October 11,1938.
   Motion to amend the remittitur denied, without costs. (See 269 N. Y. 259.)


text:
    Helen Van Buren, as Administratrix of the Estate of Grant Van Buren, Deceased, Respondent, v. Town of Richmondville, Appellant.
    Submitted October 3, 1938;
    decided October 11, 1938.
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 278 N. Y. 619.)


text:
    Jilda Paradise, Appellant, v. Rhinelander Theatres, Inc., Respondent.
    Submitted October 10, 1938;
    decided October 11, 1938.

      William H. Monroe for motion.
    No one opposed.
   Motion granted and appeal dismissed, with costs and ten.dollars costs of motion, unless appellant files and serves undertaking on appeal and pays ten dollars costs within ten days, in which event the motion is denied.


text:
    In the Matter of the Application of the City of New York, Respondent, to Acquire Title to Queens Boulevard from Van Dam Street to Hillside Avenue, in the Borough of Queens. Charles Simonson et al., as Executors of and Trustees under the Will of Frank De H. Simonson, Deceased, et al., Appellants. In the Matter of the Application of the City of New York, Respondent, to Acquire Title to 62nd Avenue from Queens Boulevard to 94th Place, in the Borough of Queens. Charles Simonson et al., as Executors of and Trustees under the Will of Frank De H. Simonson, Deceased, et al., Appellants.
    Argued October 3,1938;
    decided October 18,1938.

      Raphael H. Weissman and Harry Haushnecht for appellants.

      William C. Chanler, Corporation Counsel (Reuben Levy, Julius Isaacs and Lewis Orgel of counsel), for respondent.
   In each proceeding: Order affirmed, without costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Htjbbs, Loughran, Finch and Rippet, JJ.


text:
    In the Matter of Waterman Steamship Corporation, Appellant, against Richard P. Lydon, Individually and as a Justice of the Supreme Court of the State of New York, et al., Respondents.
    Argued October 3,1938;
    decided October 18,1938.

      Russell C. Gay and Edward J. Behrens for appellant.

      Abraham M. Fisch for James Yolpi et ah, respondents.
   Order affirmed, with costs; no opinion.

Concur: Crane, Ch. J., O’Brien, Hubbs, Loughran, Finch and Rippby, JJ. Taking no part: Lehman, J.


text:
    John Hecht, Respondent, v. Occhipinti Realty Company, Inc., et al., Appellants.
    Argued October 4,1938;
    decided October 18,1938.

      Alexander E. Rosenthal and Irving Segal for appellants.

      Francis Dean, John Collins and Henry P. Velte for respondent.
   Order affirmed, with costs, and questions certified answered in the affirmative. No opinion.

Concur: Crane, Ch. J., O’Brien, Hubbs, Lougiiran, Finch and Rippey, JJ. Taking no part: Lehman, J.


text:
    In the Matter of Leo Nitshke, Appellant and Respondent, against Paul J. Kern et al., Constituting the Municipal Civil Service Commission of the City of New York, et al., Respondents and Appellants.
    Argued October 4,1938;
    decided October 18,1938.

      Roy P. Monahan and Francis L. Field for petitioner, appellant and respondent.

      William C. Chanler, Corporation Counsel (Samuel J. Silverman and Charles E. Hirsimaki of counsel), for defendants, respondents and appellants.
   Order affirmed, without costs; no opinion.

Concur: Crane, Ch. J., O’Brien, Hubbs, Loughran, Finch and Rippey, JJ. Taking no part: Lehman, J.


text:
    In the Matter of Clinton R. Place, Appellant, against George M. Estabrook et al., Constituting the Board of Trustees of the Village of Hempstead, Respondents, Impleaded with Others.
    Argued October 4,1938;
    decided October 18,1938.

      Thomas A. Dwyer for appellant.

      C. H. Tunnicliffe Jones for respondents.
   Order affirmed, without costs; no opinion.

Concur: Crane, Ch. J., O’Brien, Hubbs, Loughran, Finch and Rippey, JJ. Taking no part: Lehman, J.


text:
    A. Newbold Morris et al., as Members of the Council of the City of New York, Appellants, v. John Cashmore, Respondent, and James A. Burke, Appellant.
    Argued October 6,1938;
    decided October 18,1938.

      ■ William C. Chanter, Corporation Counsel (Leo Brown and William S. Gaud, Jr., of counsel), for plaintiffs, appellants.

      Sydney Rosenthal, Peter M. Horn and David T. Smith for James A. Burke, defendant-appellant.

      Alfred J. Talley, Francis McGarey, E. Ivan Rubenstein and George Rosling, for John Cashmore, defendant-respondent.
   Judgment affirmed, without costs; no opinion.

Concur: Crane, Ch. J., O’Brien, Hubbs, Loughran, Finch and Rippey, JJ. Taking no part: Lehman, J. ■


text:
    In the Matter of John Cashmore, Individually and as Vice-Chairman of the Council of the City of New York, Respondent, against A. Newbold Morris, as President of the Council, et al., Appellants, Impleaded with Others.
    Argued October 6,1938;
    decided October 18,1938.

      William C. Chanter, Corporation Counsel (William 8. Gaud, Jr., and Leo Brown of counsel), for appellants.

      Alfred J. Talley, E. Ivan Rubenstein and George Rosling for respondent.
   Order affirmed, without costs; no opinion.

Concur: Crane, Ch. J., O’Brien, Hitbbs, Loughran, Finch and Rippey, JJ. Taking no part: Lehman, J.


text:
    Louis F. Licht et al., Appellants and Respondents, v. State of New York, Respondent and Appellant.
    (Claim No. 23336.)
    Submitted October 10,1938;
    decided October 18,1938.
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 277 N. Y. 216.)


text:
    Robert C. Brown, Respondent, v. Manufacturers Trust Company et al., Appellants, Impleaded with Others.
    Submitted October 10,1938;
    decided October 18,1938.
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 278 N. Y. 317.)


text:
    John Holdsworth et al., Copartners under the Firm Name of Holdsworth Bros., Appellants, v. Charles T. Wills, Inc., Respondent.
    Submitted October 17, 1938;
    decided October 18, 1938.

      Henry W. Steingarten for motion.

      Charles P. Andrews opposed.
   Motion granted and appeal dismissed with costs, and ten dollars costs of motion, unless appellants perfect appeal and pay ten dollars costs within ten days, in which event the motion is denied.