text:
    Susan Goldner, Appellant, v. Hanus Goldner, Respondent.
    Argued May 24, 1955,
    decided July 8, 1955.

      Louis B. Frutkin and Herbert Frutkin for appellant.

      Sidney Roffman for respondent.
   Order affirmed, without costs; no opinion.

Concur: Conwat, Ch. J., Desmond, Dye, Fuld, Froessel, Van Voorhis and Burke, JJ.


source: Caselaw Access Project

license: Public Domain

text:
    The People of the State of New York ex rel. Frank Lee, Alias Alfred Minutolo, Appellant, against J. Vernel Jackson, as Warden of Clinton Prison, Defendant. The People of the State of New York, Respondent.
    Argued April 13, 1955;
    decided July 8, 1955.

      Richard W. Coughlin for appellant.

      Jacob K. Javits, Attorney-General (Manuel T. Murcia, Henry S. Manley and Raymond B. Madden of counsel), for respondent.
   Order affirmed; no opinion.

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


text:
    The People of the State of New York, Respondent, v. John Francis Roche, Appellant.
    Argued June 8, 1955;
    decided July 8, 1955.

      Whitman Knapp, James D. C. Murray, Myron J. Greene, Abraham J. Gellinoff, Carl J. Bubino and David Simon for appellant.

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

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


text:
    The People of the State of New York, Respondent, v. Henry Heimowitz, Now Known as Henry Hymes, Appellant.
    Argued May 31, 1955;
    decided July 8, 1955.

      Edward T. Boyle for appellant.

      Joseph F. Gagliardi, District Attorney (Warren J. Schneider of counsel), for respondent.
   Order affirmed; no opinion.

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


text:
    Albert M. Crance et al., Appellants, v. State of New York, Respondent.
    (Claim No. 32176.)
    Argued May 23, 1955;
    decided July 8, 1955.

      Burns F. Barford for appellants.

      Jacob K. Javits, Attorney-General (Richard H. Shepp and Henry 8. Manley of counsel), for respondent.
   Judgment of the Appellate Division reversed and that of the Court of Claims reinstated, with costs in this court and in the Appellate Division, upon the ground that the weight of evidence favors the findings and conclusions of the Court of Claims. No opinion.

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


text:
    Albert Boris Leasing Corporation, Respondent, v. City of New York, Appellant.
    Argued June 2, 1955;
    decided July 8, 1955.

      Peter Campbell Brown, Corporation Counsel (Meyer Scheps, Harry E. O’Donnell, Benjamin Offner and Frank W. Porcaro of counsel), for appellant.

      Lyle Evans Mahan and Louis Jay for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of 100 Park Avenue, Appellant, against William E. Boyland et al., Constituting the Tax Commission of the City of New York, Respondents. [100 Park Ave., Borough of Manhattan.]
    Argued May 26, 1955;
    decided July 8, 1955.

      Oscar L. Tucker and Seymour M. Klein for appellant.

      Peter Campbell Brown, Corporation Counsel (James J. McGowan and Morris Handel of counsel), for respondents.
   Order of the Appellate Division reversed and that of Special Term affirmed, with costs in this court and in the Appellate Division, upon the ground that the weight of evidence supports the determination of Special Term. No opinion.

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


text:
    Else M. Axelrad, Appellant, v. John Axelrad, Respondent.
    Argued June 6, 1955;
    decided July 8, 1955.

      Chester A. Lessler and Sol Kamenkowits for appellant.

      Jack B. Weinstein, William Bosenfeld and J. E. Eollenberg for respondent.
   Judgment affirmed, without costs; no opinion.

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


text:
    The People of the State of New York, Respondent, v. Seymour Siskind, Appellant.
    Submitted May 31, 1955;
    decided July 8, 1955.

      Selig Lenefsky for appellant.

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

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


text:
    Lois G. McClellan, as Administratrix of the Estate of Fred C. McClellan, Sr., Deceased, Respondent, v. City of Buffalo et al., Appellants, et al., Defendants.
    Argued April 11, 1955;
    decided July 8, 1955.

      William B. Lawless, Jr., Corporation Counsel (Forbes F. Dougherty of counsel), for appellants.

      John B. Corcoran and William B. Mahoney for respondent.
   Appeal dismissed upon the ground that the question certified is not decisive of the correctness of the decision of the Appellate Division (Civ. Prac. Act, § 589, subd. 4, par. [b]). No opinion.

Concur: Conway, Ch. J., Desmond, Dye, Fuld, Feoessel, Van Voorhis and Burke, JJ.


text:
    In the Matter of Delma Studios, Inc., et al., Appellants, against Andrew G. Clausen, Jr., et al., Constituting the Board of Education of the City of New York, et al., Respondents.
    Argued May 24, 1955;
    decided July 8, 1955.

      Arnold R. Streit, Aaron Benenson and Harold G. Israelson for appellants.

      Peter Campbell Brown, Corporation Counsel (Edward J. McLaughlin and Seymour B. Quel of counsel), for respondents.
   Order affirmed, with costs; no opinion.

Concur: Conway, Ch. J., Desmond, Dye, Fuld and Van Voorhis, JJ.; Froessel, J., dissents and votes to reverse upon the reasoning of the dissenting opinion in the Appellate Division. Taking no part: Burke, J.


text:
    William E. Arnstein et al., Appellants, v. Leonard Price et al., Respondents, and William E. Arnstein et al., as Executors of Elsie N. Arnstein, Deceased, Intervenors-Appellants.
    Argued May 26, 1955;
    decided July 8, 1955.

      Chester T. Lcme and Walter E. Beer, Jr., for appellants and intervenors-appellants.

      Jack H. H animan for respondents.
   Judgment affirmed, with costs; no opinion.

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


text:
    Kansas Packing Co., Inc., Respondent, v. City of New York et al., Appellants.
    Argued May 25, 1955;
    decided July 8, 1955.

      Peter Campbell Brown, Corporation Counsel (Anthony Curreri and Seymour B. Quel of counsel), for appellants.

      N. H. Elman for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Julius Hurwitz et al., Appellants, v. William Gleicher, Respondent.
    Argued May 23, 1955;
    decided July 8, 1955.

      Herbert N. Bobrow for appellants.

      Irvin Husin and I. Stanley Stein for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Elsie S. Fullerton, Appellant, v. City of Schenectady, Respondent. Walter A. Fullerton, Jr., Appellant, v. City of Schenectady, Respondent.
    Argued June 7, 1955;
    decided July 8, 1955.

      James A. Leary, Walter A. Fullerton, Charles W. Aussiclcer, William L. Ford and Francis J. Keehan for appellants.

      Charles Ward Brown for respondent.

      Donald A. Walsh and Harold W. Weidner for New York State Conference of Mayors and Other Municipal Officials, amici curice, in support of respondent’s position.
   Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of the Construction of an Indenture of Trust Made by McAlexander D. Ryan. Guaranty Trust Company of New York et al., as Trustees, et al., Respondents; McAlexander D. Ryan, Individually and as Trustee, Appellant.
    Argued June 7, 1955;
    decided July 8, 1955.

      James N. Vaughan, Francis J. Rogers and Paul Saurel for appellant.

      Walter D. Fletcher, Andrew Y. Rogers and Standish F. Medina for trustees, respondents.

      Edward V. Loughlin, as guardian ad litem for Virginia Ogilvy and others, infants, and for unknown persons, respondents.
   Order affirmed, with costs to all parties appearing separately and filing separate briefs payable out of the trust estate; no opinion.

Concur: Conway, Ch. J., Desmond, Dye, Fuld, Fboessel. Van Voorhis and Burke, JJ.


text:
    In the Matter of the Arbitration between Louis Cooper Hats, Inc., Appellant, and Morey Kadis et al., Respondents.
    Argued May 31, 1955;
    decided July 8, 1955.

      Benjamin Cooper for appellant.

      Julius Haimowits for respondents.
   Order affirmed, with costs; no opinion.

Concur: Conway, Ch. J., Desmond, Dye, Fund, Froessel, Van Voorhis and Burke, JJ.


text:
    In the Matter of the Claim of Kathryn Sleator, Respondent, against National City Bank et al., Appellants. Workmen’s Compensation Board, Respondent.
    Argued May 26, 1955;
    decided July 8, 1955.

      F. Walter Bliss for appellants.

      Jacob K. Javits, Attorney-General {Harry Pastor, Henry 8. Manley and Roy Wiedersum of counsel), for Workmen’s Compensation Board, respondent.
   Order affirmed, with costs; no opinion.

Concur: Conway, Ch. J., Desmond, Dye, Fuld, Feoessel and Bueice, JJ. Van Vooehis, J., dissents and votes to reverse and to dismiss the claim on the ground that there is no substantial evidence to support the award.


text:
    In the Matter of the Arbitration between Spectrum Fabrics Corporation, Appellant, and Main Street Fashions, Inc., Respondent.
    Argued May 23, 1955;
    decided July 8, 1955.

      Bernard A. Saslow and Harold A. Axel for appellant.

      Robert W. Adler and Ruben Schwartz for respondent.
   Order affirmed, with costs; no opinion.

Concur: Conway, Ch. J., Desmond, Dye, Fuld, Van Voorhis and Burke, JJ. Froessel, J., dissents and votes to reverse upon the dissenting opinion of Callahan, J., in the Appellate Division.


text:
    Annie P. Gurevitch, Individually and as Administratrix of the Estates of Max Gurevitch and Another, Deceased, Respondent, v. State of New York, Appellant. Leo Blum et al., Respondents, v. State of New York, Appellant. John N. Folmar, Respondent, v. State of New York, Appellant. Wilford Chavers, Respondent, v. State of New York, Appellant.
    (Claim No. 31495.)
    (Claim No. 31784.)
    (Claim No. 31828.)
    (Claim No. 31829.)
    Argued June 1, 1955;
    decided July 8, 1955.

      Jacob K. Javits, Attorney-General (John R. Davison and Henry 8. Manley of counsel), for appellant.

      Lewis C. Ryan and John F. Gates for Annie P. G-urevitch, respondent.

      Sigmund ScJvwarts and David Perman for John N. Folmar and another, respondents.

      Benjamin A. Quitt for Leo Blum and another, respondents.
   Judgments affirmed, with costs; no opinion.

Concur: Conway, Ch. J., Fuld, Froessel, Van Voorhis and Burke, JJ. Desmond and Dye, JJ., dissent and vote to reverse and to dismiss the claims.


author: Per Curiam.

text:
    Billy Rose, Appellant, v. Sheila Rose et al., Respondents. Billy Rose, Appellant, v. Sheila Rose, Respondent.
    Argued May 25, 1955;
    decided July 8, 1955.

      Oswald Vischi for appellant.

      Myron J. Greene and Martin Greene for respondents.
   Per Curiam.

In this consolidated action commenced by a husband against his wife, plaintiff seeks to impress a trust as to all property received and held by the wife during their married life, to the extent of one half thereof, and for an accounting and related relief; also, plaintiff seeks to impress a lien of $6,000 upon certain premises in Queens County, in which they resided, for expenses incurred by plaintiff for taxes paid and for the maintenance and repair of the building thereat during their married life. The complaint in said part of the consolidated action alleges an agreement between the parties, made at an unspecified time during their married life, “ that * * * plaintiff would have a lien on said premises equal to the sum of money so expended ”, The Supreme Court at Special Term dismissed these complaints on the merits, holding that defendant’s affirmative defense in the nature of a release was sustained by the proof, and the Appellate Division has affirmed.

We think that the rather barren record before us, consisting of the merely formal testimony of but one witness, several exhibits and much colloquy, is inadequate to support a holding that defendant has established a release of the aforesaid actions.

The judgment dismissing the complaint should be reversed and a new trial granted, with costs to abide the event.

Coxway, Ch. J., Desmoxd, Dye, Fuld, Froessel, Vax Voorhis and Burke, JJ., concur.

The judgment of the Appellate Division and that of the Special Term should be reversed, with costs in all courts to abide the event, and the matter remitted to Special Term for further proceedings in accordance with the opinion herein.


text:
    The People of the State of New York, Respondent, v. Edmund C. Buehler, Appellant.
    Argued June 9, 1955;
    decided July 8, 1955.

      Leo E. Sherman for appellant.

      Frank S. Fog an, District Attorney (Paul A. Stone, Charles W. Manning and Sidney M. Fruhling of counsel), for respondent.
   Judgment affirmed; no opinion.

Concur: Conway, Ch. J., Desmond, Dye, Fttld, Froessel, Van Voorhis and Burke, JJ.


text:
    Selmar Garage Corp., Appellant-Respondent, v. Rink Realty Corporation, Respondent-Appellant, et al., Defendants.
    Argued May 31, 1955;
    decided July 8, 1955.

      Otis Mark Waters for appellant.

      Marcus Klein and Benjamin A. Hartstein for respondent.
   Judgment affirmed, without costs; no opinion.

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

Motion to dismiss appeal of Rink Realty Corporation denied.

Motion by defendant Rink Realty Corporation to discontinue appeal granted.


text:
    In the Matter of the Election of Directors of R. Hoe & Co., Inc. Neil P. Cullom, Appellant; Howard E. Rein et al., Respondents.
    Argued June 3, 1955;
    decided July 8, 1955.

      Neil P. Cullom, in person, and Robert D. Cole for Neil P. Cullom, appellant.

      Bruce ^'sHecher and William E. Willis for respondents.
   Order affirmed, with costs; no opinion.

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


text:
    Cornell University, Appellant-Respondent, v. Messing Bakeries, Inc., Respondent-Appellant.
    Argued June 3, 1955;
    decided July 8, 1955.

      Robert E. Coulson, Forbes D. Shaw, Harry G. Henn, J. William Robinson and John V. Thornton for appellant-respondent.

      Herbert Plant and Charles E. Scribner for respondent-appellant.
   Judgment affirmed, without costs; no opinion.

Concur: Conway, Ch. J., Desmond, Dye, Fund and Burke, JJ. Froessel and Van Voorhis, JJ., dissent and vote to reverse and to reinstate the judgment of Special Term.


text:
    In the Matter of Madison, Incorporated, Appellant, against Joseph D. McGoldrick, as State Rent Administrator, Respondent.
    Argued May 31, 1955;
    decided July 8, 1955.

      Leon Liner for appellant.

      Harold Zucker and Hortense W. Gabel for respondent.
   Order affirmed, with costs; no opinion.

Concur: Conwat, Ch. J., Desmond, Dye, Fuld, Froessel, Van Voorhis and Burke, JJ.


text:
    Ettore Mancuso, Appellant, v. Board of Education of Schenectady City School District, Respondent.
    Argued April 27, 1955;
    decided July 8, 1955.

      Ettore Mancuso, appellant in person.

      Orrin G. Judd, Abraham 8. dayman and Earle K. Moore for respondent.

      Daniel E. Kelly for Board of Education of the Rye City School District, amicus curiae, in support of respondent’s position.

      Jacob K. Javits, Attorney-General (Henry 8. Manley, Ruth Kessler Toch and Milton Alpert of counsel), in his statutory capacity under section 71 of the Executive Law.
   Judgment affirmed, with costs; no opinion.

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


text:
    Mabel L. Shaw et al., Doing Business as Shaw’s General Store, Respondents, v. Home Mutual Fire Insurance Company et al., Appellants.
    Argued June 1, 1955;
    decided July 8, 1955.

      Gustav P. Blaustein for appellants.

      Lawson Barnes for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Conway, Ch. J., Desmond, Dye, Ftjld, Feoessel, Van Vooehis and Bubke, JJ.


text:
    In the Matter of B & G Construction Corp. et al., Respondents, against Board of Appeals of the Village of Amityville et al., Appellants.
    Argued June 6, 1955;
    decided July 8, 1955.

      Edward R. Phillips for appellants.

      Sydney Hoffman and Jacob Bendersky for respondents.
   Order of the Appellate Division and that of Special Term reversed, petition dismissed and determination of respondent board reinstated, with costs in all courts. The board’s denial of the certificate of occupancy cannot be overruled by the courts since that denial was not arbitrary but based on sufficient proof of violation of a valid local zoning ordinance (see Matter of Larkin Co. v. Schwab, 242 N. Y. 330, 335; Matter of Kopec v. Buffalo Brake Beam-Acme Steel & Malleable Iron Works, 304 N. Y. 65, 71; Matter of Green Point Sav. Bank v. Board of Zoning Appeals, 281 N. Y. 534, 539). The prior issue to petitioner of a building permit could not ‘ confer rights in contravention of the zoning laws ” (City of Buffalo v. Roadway Tr. Co., 303 N. Y. 453, 463). No opinion.

Concur: Conwat, Ch. J., Desmond, Dye, Fuld and Burke, JJ. Froessel and Van Voorhis, JJ., dissent and vote to affirm.


text:
    Edward Smith et al., Respondents-Appellants, v. Community Synagogue et al., Respondents, and Harbor Acres Realty Corporation, Appellant.
    Argued June 1, 1955;
    decided July 8, 1955.

      Clarence F. Corner and Frederick Weisbrod for Harbor Acres Realty Corporation, appellant.

      Clarence F. Corner and Frederick Weisbrod for Community Synagogue, respondent.

      Garlo F. Salvador for respondents-appellants.
   Judgment affirmed, without costs; no opinion.

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


text:
    Michael Rabasco, Respondent, v. Town of Greenburgh et al., Appellants.
    Argued May 27, 1955;
    decided July 8, 1955.

      Davis M. Zimmerman for Greenburgii Housing Authority, appellant.

      Alvin M. Suchin for Town of Greenburgh and others, appellants.

      Alfred D. Fredericks for respondent.
   Judgment affirmed, without costs. We do not place our affirmance upon the ground that reconsideration by the town board could not be had without a new notice of hearing. No opinion.

Concur: Conway, Ch. J., Desmond, Dye, Fttld, Fboessel, Van Voobhis and Burke, JJ.


text:
    In the Matter of Asco Equities, Inc., Appellant, against Joseph D. McGoldrick, as State Rent Administrator, Respondent.
    Argued May 27, 1955;
    decided July 8, 1955.

      Morris Wagmcm and Irving Sheinfeld for appellant.

      Beatrice BJiainswit and Hortense W. Gabel for respondent.
   Order affirmed, with costs; no opinion.

■ Concur: Conway, Ch. J., Desmond, Dye, Fuld, Froessel and Burke, JJ. Van Voorhis, J., dissents and votes to reverse and to reinstate the order of Special Term.


text:
    Charles Ohlenschlager, Respondent-Appellant, v. South Buffalo Railway Company, Appellant, and Ralph D. Young et al., Individually and as Copartners Doing Business as Young, Young, Koch, Raszman & Everingham, Respondents. Frances M. Leone, as Administratrix of the Estate of Gerald R. Leone, Deceased, Respondent-Appellant, v. South Buffalo Railway Company, Appellant, and Harold Koch et al., Individually and as Copartners Doing Business as Young, Young, Koch, Raszman & Everingham, Respondents. Ermete Silvestrini, as Administrator of the Estate of Gino Silvestrini, Deceased, Respondent-Appellant, v. South Buffalo Railway Company, Appellant, and Harold Koch et al., Individually and as Copartners Doing Business as Young, Young, Koch, Raszman & Everingham, Respondents. Mariano Ruffino, Respondent-Appellant, v. South Buffalo Railway Company, Appellant, and Harold Koch et al., Individually and as Copartners Doing Business as Young, Young, Koch, Raszman & Everingham, Respondents.
    Argued June 6, 1955;
    decided July 8, 1955.

      Albert B. Connelly, Francis T. Findlay, Paul H. Beid, Jr., and Donald U. BivTdn for appellant.

      Harry J. Kelly for respondents.

      Sydney C. Schweitzer for Frances M. Leone, respondent-appellant.

      Sydney C. Schweitzer and Samuel C. Cellino for Ermete Silvestrini and another, respondents-appellants.

      William J. Flynn, Jr., and William J. Flynn for Charles Ohlenschlager, respondent-appellant.
   Judgments affirmed, with costs; no opinion.

Concur: Conway, Ch. J., Desmond, Dye, Fuld, Feoessel, Fan Voobhis and Burke, JJ.


text:
    In the Matter of Oxford Group-Moral Re-Armament, MRA, Inc., Appellant, against Hogarth S. Sweet et al., Constituting the Board of Review of the Town of New Castle, Respondents. In the Matter of Oxford Group-Moral Re-Armament, MRA, Inc., Appellant, against Maynard Allen et al., Constituting the Board of Assessors of the Town of North Castle, Respondents.
    Argued April 19, 1955;
    decided July 8, 1955.

      Lester D. Stickles, Joseph Scott and J. Francis Hayden for appellant.

      Roderick B. Travis, Town Attorney, for Hogarth S. Sweet and others, respondents.

      William Scott, II, for Maynard Allen and others, respondents.
   Orders of the Appellate Division reversed and those of Special Term reinstated, with costs in this court and in the Appellate Division, upon the ground that the weight of the evidence supports the findings of the Official Referee that the premises of the appellant in both towns are used exclusively for exempt purposes, but that appellant is not a family ” or a church or other place of worship ”, so as to conform to the zoning ordinance of the Town of New Castle. We have considered the other points raised and conclude that the Official Referee reached the correct result. No opinion.

Concur: Conway, Ch. J., Desmond, Dye, Fuld, Froessel, Van Voobhis and Burke, JJ.


text:
    Mae L. Lechner et al., Respondents-Appellants, v. Frank Lechner, Appellant-Respondent.
    Argued June 3, 1955;
    decided July 8, 1955.

      Kenneth J. Mullane for appellant-respondent.

      Noel Rubinton and Edward Lazansky for respondents-appellants.
   Judgment affirmed, without costs; no opinion.

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


text:
    Freda K. Berger, Appellant, v. City of New York et al., Respondents.
    Submitted July 8, 1955;
    decided July 8, 1955.
   Motion to resettle order of the Court of Appeals dated June 2, 1955, denied. [See 308 N. Y. 830; 308 N. Y. 1001.]


text:
    Central Publishing Company, Inc., Appellant, v. Gaenelle Wittman et al., Doing Business as TV Spotlight Publications, Respondents.
    Submitted October 18, 1954;
    decided July 8, 1955.

      David N. Fields for motion.

      Francis Finkelhor opposed.
   Motion to withdraw appeal granted.


text:
    Ethel Feinman, Plaintiff, v. Bernard Rice Sons, Inc., Defendant and Third-Party Plaintiff. Joseph B. Feinman, Third-Party Defendant and Fourth-Party Plaintiff-Appellant, v. Liberty Mutual Insurance Company, Fourth-Party Defendant-Respondent.
    Submitted July 8, 1955;
    decided July 8, 1955.

      David G. Mendelsohn for motion.

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


text:
    Fred E. Fonda, Appellant, v. Junius A. Carter, Respondent.
    Submitted July 8, 1955;
    decided July 8, 1955.

      Morris Simon for motion.

      George F. Gurley opposed.
   Motion to dismiss appeal (1) insofar as it is based upon appellant’s failure to file an undertaking, granted, with costs and $10 costs of motion, unless within fifteen days appellant serves and files the required undertaking on appeal and pays $10 costs, in which events motion denied; (2) insofar as it is based upon appellant’s failure to serve and file the record on appeal, denied, without costs, upon the ground that rules I and VI of the Rules of the Court of Appeals prescribe the proper remedy.


text:
    Maflo Holding Corp., Appellant, v. S. J. Blume, Inc., Respondent.
    Submitted July 8, 1955;
    decided July 8, 1955.
   Motion to amend remittitur granted and remittitur amended to add that costs in the Court of Appeals and in the Appellate Division abide the event. [See 308 N. Y. 570.]


text:
    Thomas P. Mason, Appellant, v. United States Lines Company, Defendant, and T. Hogan & Sons, Inc., Respondent.
    Submitted July 8, 1955;
    decided July 8, 1955.

      Donald S. Sherwood for motion and in opposition to cross motion.

      Frank A. Frits for cross motion and in opposition to appellant’s motion.
   Motion to have appeal heard upon one copy of the record before the Appellate Division granted.

Cross motion to dismiss appeal denied.


text:
    In the Matter of Edward Dougherty et al., Appellants, against State Harness Racing Commission et al., Respondents.
    Submitted July 8, 1955;
    decided July 8, 1955.

      Sidney 0. Raphael for motion.

      Jacob K. Javits, Attorney-General (Samuel A. Hirshowits of counsel), opposed.
   Motion on behalf of petitioner-appellant Dougherty for a stay denied.


text:
    In the Matter of the Accounting of Bankers Trust Company, as Trustee under the Will of Isaac B. Hosford, Deceased, Respondent. James M. Engle et al., Appellants; Peter K. Engle et al., Respondents.
    Submitted July 8, 1955;
    decided July 8, 1955.
   Motion for reargument denied, with $10 costs and necessary printing disbursements. [See 309 N. Y. 23.]


text:
    In the Matter of 116 East 57th Street, Inc., Appellant.
    Submitted July 8, 1955;
    decided July 8, 1955.
   Motion for reargument denied, with $10 costs. [See 308 N. Y. 1046.]


text:
    In the Matter of the Estate of Guido Pernisi, Deceased. Romano Pernisi, as Administrator of the Estate of Guido Pernisi, Deceased, Appellant; Fronia Mahar, Respondent.
    Submitted July 8, 1955;
    decided July 8, 1955.

      Donald N. Salvetti for motion.
    No one opposed.
   Motion granted and Donald N. Salvetti, Esq., 2023 Milton Avenue, Solvay, New York, assigned as counsel to appellant Pernisi.


text:
    In the Matter of the Accounting of Joseph Polizzo, as Committee of the Estate of Minnie Polizzo, an Incompetent. Harrison B. Wright, Individually and as Executor of Joseph Polizzo, Deceased, et al., Respondents; Agnes W. Tymann, as Administratrix of the Estate of Minnie Polizzo, Deceased, Appellant.
    Submitted July 8, 1955;
    decided July 8, 1955.
   Motion for reargument or, in the alternative, to amend the remittitur denied. [See 308 N. Y. 517.]


text:
    In the Matter of Mollie Rosenberg, Appellant, against City of New York, Respondent.
    Decided July 8, 1955.
   Reargument directed at the October, 1955, session of the Court of Appeals. If the order be reversed following reargument, and the delayed filing of petitioner-appellant Mollie Rosenberg’s controverted claim on November 16,1954, be thereby sanctioned, then for all purposes, including the purpose of any action commenced by said appellant against the City of New York within the time limited by law, the claim shall be deemed to have been duly filed on November 16, 1954. [See 308 N. Y. 965.]


text:
    Elizabeth O’Connor, Appellant, v. Olive Papertsian et al., Respondents.
    Submitted July 8, 1955;
    decided July 8, 1955.

      Maurice J. McCarthy, Jr., for motion.

      Bernard Meyerson and Olin 8. Nye opposed.
   Motion to have appeal heard upon an abridged record granted on condition that the only issue to be presented to the Court of Appeals on appeal is the power of the Appellate Division to modify the order of the trial court granting a new trial, as it did in this case. The abridged record shall consist of the notice of appeal to the Court of Appeals and the order, judgment and opinion of the Appellate Division.


text:
    The People of the State of New York, Respondent, v. Daniel Ahearn, Appellant.
    Submitted July 8, 1955;
    decided July 8, 1955.

      Irving Novis for motions.
    No one opposed.
   Motion to have appeal heard upon the original record and typewritten briefs granted.

Motion for enlargement of time granted and case set down for argument during the October, 1955, session of the Court of Appeals.


text:
    The People of the State of New York, Respondent, v. James Blakeslee, Charles Broderick and Thomas Sokolski, Appellants.
    Submitted July 8, 1955;
    decided July 8, 1955.

      Charles J. McDonough for motion.
    No one opposed.
   Motion granted and ease set down for argument during the October, 1955, session of the Court of Appeals.


text:
    The People of the State of New York, Respondent, v. William D. Caracelli, Appellant.
    Submitted July 8, 1955;
    decided July 8, 1955.

      William D. Caracelli, in person, for motion.
    No one opposed.
   Motion granted and the case set down for argument during the October, 1955, session of the Court of Appeals,


text:
    The People of the State of New York, Respondent, v. John D. Cooke and Frederick Schnepf, Appellants.
    Submitted July 8, 1955;
    decided July 8, 1955.

      John P. Sweeny for motions.

      Frank S. Hogan, District Attorney, for the People of the State of New York.
   Motions granted and case set down for argument during the November, 1955, session of the Court of Appeals.


text:
    The People of the State of New York, Respondent, v. Michael Du Byk, Appellant.
    Submitted July 8, 1955;
    decided July 8, 1955.

      Nancy Garley for motion.

      Daniel V. Sullivan, District Attorney (John B. Lee of counsel), for the People of the State of New York.
   Motion granted and case set down for argument during the October, 1955, session of the Court of Appeals.


text:
    The People of the State of New York, Respondent, v. David Jacobs, Appellant.
    Submitted July 8, 1955;
    decided July 8, 1955.

      Arnold M. Leibowits for motion.

      Frank 8. Hogan, District Attorney, for the People of the State of New York.
   Motion granted and case set down for argument during the October, 1955, session of the Court of Appeals.


text:
    The People of the State of New York, Respondent, v. Theodore Jones, True Name Eugene Levenger, Alias Eugene Lucas, Appellant.
    Submitted July 8, 1955;
    decided July 8, 1955.

      Theodore Jones, in person, for motions.

      Frank 8. Hogan, District Attorney, for the People of the State of New York.
   Motion to have appeal heard upon the original record and for assignment of counsel granted and Milton Schilback, Esq., 70 Pine Street, New York City, assigned as counsel to defendant on the appeal herein.

Motion for enlargement of time granted and case set down for argument during the October, 1955, session of the Court of Appeals.


text:
    The People of the State of New York, Respondent, v. Alvin E. Lain, Appellant.
    Submitted July 8, 1955;
    decided July 8, 1955.

      Alvin E. Lain, in person, for motion.
    No one opposed.
   Motion granted and Vincent L. Rosato, Esq., 16 Court Street, Brooklyn, New York, assigned as counsel to defendant on the appeal herein.


text:
    The People of the State of New York, Respondent, v. Thomas R. Law, Appellant.
    Submitted June 6, 1955;
    decided July 8, 1955.
   Motion for reargument denied. [See 308 N. Y. 658; 308 N. Y. 913.]


text:
    The People of the State of New York, Respondent, v. Cecelia Lederle, Appellant. The People of the State of New York, Respondent, v. Dan Castrillo, Appellant. The People of the State of New York, Respondent, v. Oscar Bickel, Appellant.
    (Consolidated Appeals.)
    Submitted July 8, 1955;
    decided July 8, 1955.

      Raymond Reran O’Brien for motion.
    No one opposed.
   Motion granted and case set down for argument during the October, 1955, session of the Court of Appeals.


text:
    The People of the State of New York, Respondent, v. Lester Meyers, Appellant.
    Submitted July 8, 1955;
    decided July 8, 1955.

      David Farber for motions.

      T. Vincent Quinn, District Attorney (George J. Regan of counsel), for the People of the State of New York.
   Motions granted and case set down for argument during the October, 1955, session of the Court of Appeals.


text:
    The People of the State of New York, Respondent, v. Louis Oliver, Appellant.
    Submitted July 8, 1955;
    decided July 8, 1955.

      John J. Ryan for motion.

      Daniel V. Sullivan, District Attorney (John B. Lee of counsel), for the People of the State of New York.
   Motion granted and case set down for argument during the October, 1955, session of the Court of Appeals.


text:
    The People of the State of New York, Respondent, v. Vincent Paternoster, Appellant.
    Submitted July 8, 1955;
    decided July 8, 1955.

      Sidney G. Sparrow for motion.
    No one opposed.
   Motion granted and case set down for argument during the October, 1955, session of the Court of Appeals.


text:
    The People of the State of New York, Respondent, v. Howard Prosser, Appellant.
    Submitted July 8, 1955;
    decided July 8, 1955.

      John B. Corcoran for motion.
    No one opposed.
   Motion granted and ease set down for argument during the October, 1955, session of the Court of Appeals.


text:
    The People of the State of New York, Respondent, v. Christopher Romano, Appellant.
    Submitted July 8, 1955;
    decided July 8, 1955.
   Motion for reargument of motion to dismiss appeal denied. [See 308 N. Y. 1008.]


text:
    The People of the State of New York, Respondent, v. Bert Schreiber, Appellant.
    Submitted July 8, 1955;
    decided July 8, 1955.

      Bruce H. Willner for motion.

      Frank S. Kogan, District Attorney (Paul A. Stone of counsel), for the People of the State of New York.
   Motion granted and case set down for argument during the October, 1955, session of the Court of Appeals.


text:
    The People of the State of New York, Respondent, v. Frederick Spillman, Alias Robert Sunderland, Frederick Leo Spellman and Fred Williams, Appellant.
    Submitted July 8, 1955;
    decided July 8, 1955.

      John McKim Minton for motion.
    No one opposed.
   Motion granted and case set down for argument during the October, 1955, session of the Court of Appeals.


text:
    The People of the State of New York, Respondent, v. Springfield Development Company, Inc., Appellant. The People of the State of New York, Respondent, v. Hill Development Company, Inc., Appellant. The People of the State of New York, Respondent, v. Springfield Development Company, Inc., Appellant. The People of the State of New York, Respondent, v. Hill Development Company, Inc., Appellant. The People of the State of New York, Respondent, v. Charles Rosen, Correct Name Chill Rosenblatt, Appellant. The People of the State of New York, Respondent, v. Marcus Retter, Appellant.
    Submitted July 8, 1955;
    decided July 8, 1955.

      Edward E. Freiberger for motion.

      T. Vincent Quinn, District Attorney (George J. Regan of counsel), for the People of the State of New York.
   Motion granted and case set down for argument during the October, 1955, session of the Court of Appeals.


text:
    The People of the State of New York, Respondent, v. Robert White, Appellant.
    Submitted July 8, 1955;
    decided July 8, 1955.

      Robert White, in person, for motions.

      Frank 8. Hogan, District Attorney, for the People of the State of New York.
   Motion to have appeal heard upon the original record and for assignment of counsel granted and Milton Schilback, Esq., 70 Pine Street, New York City, assigned as counsel to defendant on the appeal herein.

Motion for enlargement of time granted and case set down for argument during the October, 1955, session of the Court of Appeals.


text:
    The People of the State of New York, Respondent, v. Donald B. Winship, Appellant.
    Submitted July 8, 1955;
    decided July 8, 1955.

      John W. Condon, Jr., for motion.
    No one opposed.
   Motion granted and case set down for argument during the October, 1955, session of the Court of Appeals,


text:
    Douglas Ripley et al., Respondents, v. Douglas F. Storer et al., Appellants, et al., Defendant.
    Submitted July 8, 1955;
    decided July 8, 1955.

      Lawrence E. BobTcer for motion.

      Walter H. Liebman opposed.
   Motion for a stay granted upon condition that appellants neither cause nor permit “ Believe It or Not, Inc.” to make any payments to appellants, or their attorneys or agents, pending the hearing and determination of the appeal herein except that the sum of $997 per month be paid to appellant Storer to defray the actual expenses of operating the business of the aforesaid corporation. Case set down for argument during the October, 1955, session of the Court of Appeals.


text:
    Albert G. Smith, Appellant, v. State of New York, Respondent.
    Submitted July 8, 1955;
    decided July 8, 1955.

      Jacob K. Javits, Attorney-General (Richard H. Shepp of counsel), for motion.
    No one opposed.
   Motion granted and appeal dismissed, unless within ten days appellant serves and files the required undertaking on appeal and pays $10 costs, in which events motion denied. We consider the appeal to be taken from the judgment entered in the office of the Clerk of the Court of Claims and disregard as a misdescription the recital contained in the notice of appeal.


text:
    Kerstin Swensson, Appellant, v. New York, Albany Despatch Company, Inc., Defendant, and Ward La France Truck Corp., Respondent. Yolanda Trimboli, as Administratrix of the Estate of Anthony J. Trimboli, Deceased, Appellant, v. Ward La France Truck Corp., Respondent.
    Submitted July 8, 1955;
    decided July 8, 1955.

      Isadore B. Hurwits and Solomon Z. Ferziger for motions.

      John V. Downey opposed.
   Motion by appellant Swensson to have appeal heard upon the record before the Appellate Division together with typewritten copies of the additional papers granted.

Motion by appellant Trimboli for leave to prosecute appeal as a poor person and for assignment of counsel granted and Solomon Z. Ferziger, Esq., of 32 Court St., Brooklyn, N. Y., assigned as counsel to appellant Trimboli.


text:
    Town of Somers, Appellant, v. Joseph M. Camarco et al., Respondents.
    Submitted July 8, 1955;
    decided July 8, 1955.
   Motion for reargument or, in the alternative, to amend the remittitur denied, with $10 costs and necessary printing disbursements. [See 308 N. Y. 537.]


text:
    Jay Weil et al., Respondents-Appellants, v. Atlantic Beach Holding Corporation et al., Appellants-Respondents; Mitchell M. Feinberg et al., Appellants, et al., Defendants.
    Submitted July 8, 1955;
    decided July 8, 1955.

      Carl E. Peterson for motion by appellants-respondents.

      Martin Koeppel for motion by appellants.

      Charles E. Lapp, Jr., opposed.
   Motions by appellants-respondents and appellants for a stay granted upon the giving of a surety bond in the same amount required for the stay in the Appellate Division. Case set down for argument not later than the November, 1955, session of the Court of Appeals.


text:
    Mae L. Lechner et al., Respondents-Appellants, v. Frank Lechner, Appellant-Respondent.
    Submitted June 2, 1955;
    decided July 8, 1955.

      Kenneth J. Múlleme for motion.

      Noel Bubinton opposed.
   Motion denied, with $10 costs.


text:
    In the Matter of Laurence O’Connor, Appellant, against James M. Power et al., Constituting the Board of Elections of the City of New York, et al., Respondents.
    Argued September 9, 1955;
    decided September 9, 1955.

      Joseph 11. Broderick and Edward V. Broderick, for appellant.

      Abraham J. Gellinoff, Robert B. Brady and Nelson Kantor for respondents Cecil E. Carter and Elizabeth Morris.
   Order affirmed; no opinion.

Concur: Conway, Ch. J., Desmond, Dye, Van Voobhis, Bubke and MacCbate, JJ.

       Designated pursuant to section 5 of article VI of the State Constitution in the temporary absence of Fum> and Fboessbl, JJ.


text:
    In the Matter of Tillie Miller, Appellant, against James M. Power et al., Constituting the Board of Elections of the City of New York, et al., Respondents. In the Matter of Edward N. Costikyan, Appellant, against James M. Power et al., Constituting the Board of Elections of the City of New York, et al., Respondents. In the Matter of Cecil E. Carter, Appellant, against James M. Power et al., Constituting the Board of Elections of the City of New York, et al., Respondents. In the Matter of Elizabeth Morris, Appellant, against James M. Power et al., Constituting the Board of Elections of the City of New York, et al., Respondents.
    Argued September 9, 1955;
    decided September 9, 1955.

      Abraham J. Gellinoff, Robert B. Brady, Richard T. Levy and Blossom G. Saxe for Cecil E. Carter and others, appellants.

      Samuel J. Silverman, William Barlow and Gabriel Perle for Tillie Miller, Edward N. Costikyan and another, appellants.

      Joseph Broderick, Joseph F. Clements and Jules E. Gilbert for respondents.
   Orders, of the Appellate Division reversed and those of Special Term reinstated upon the ground that the designating petitions are invalid for failure to comply with the requirements of subdivision 3 of section 15 of the Election Law, section 135 of the Election Law and the Rules of the New York Democratic County Committee. No opinion.

Concur: Conway, Ch. J., Dye, Van Voorhis, Burke and MacCrate, JJ. Desmond, J., dissents and votes to affirm.

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


text:
    In the Matter of Mollie Garfinkel et al., Respondents, against James M. Power et al., Constituting the Board of Elections of the City of New York, et al. Sidney Moses et al., Appellants.
    Argued September 9, 1955;
    decided September 9, 1955.

      Saul Berger for appellants.

      Abraham J. Gellinoff, Robert B. Brady, Richard T. Levy, Morris Goldman and Blossom G. Saxe for respondents.
   Order affirmed; no opinion.

Concur: Conway, Ch. J., Desmond, Dye, Van Voorhis, Burke and MacCrate, JJ.

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


text:
    Paula R. Berger et al., Appellants, v. Jefferson Democratic Club of the Sixth Assembly District, New York County, Inc., et al., Respondents.
    Argued September 9, 1955;
    decided September 9, 1955.

      Saul Berger for motion.

      Joseph Broderick opposed.
   Application for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution.


text:
    Peter Campbell Brown, as Corporation Counsel of the City of New York, Respondent, v. Kingsley Books, Inc., et al., Appellants.
    Submitted October 3, 1955;
    decided October 5, 1955.

      Emanuel Bedfield and Sidney Glosser for motions.

      Peter Campbell Brown, Corporation Counsel (Seymour B. Quel of counsel), opposed.
   Motion for stay granted upon the conditions set forth in the temporary stay of September 20, 1955.

Motion for certificate that a constitutional question is involved on the appeal herein granted.


text:
    William H. Jeffries, as Administrator of the Estate of Hildegard H. Jeffries, Deceased, Appellant, v. James Chambers et al., Respondents.
    Submitted October 3, 1955;
    decided October 5, 1955.

      Lawrence J. McGinn and Patrick E. Gibbons for motion to dismiss appeal and in opposition to motion to amend notice of appeal.

      Edwin H. Dembicer opposed to motion to dismiss appeal and for motion to amend notice of appeal.
   Motion to amend notice of appeal granted.

Motion to dismiss appeal granted upon the ground that the appeal was not taken within the time limited by statute.


text:
    Edward T. Kline et al., Respondents, v. Salvatore A. Pane, Appellant, et al., Defendants.
    Submitted October 3, 1955;
    decided October 5, 1955.

      B. Waldron Her zb erg and B. Monell Her zb erg for motion.
    No one opposed.
   Motion to vacate order of Court of Appeals dated June 15, 1955, dismissing the appeal herein denied. If and when there be entered a new judgment which decrees foreclosure and dismisses the counterclaim, a new appeal may be taken therefrom.


text:
    M. Francis Malone, Appellant, v. State of New York, Respondent.
    (Claim No. 32327.)
    Argued October 3, 1955;
    decided October 5, 1955.
   Motion to dismiss appeal denied, with leave to renew upon the argument.


text:
    In the Matter of William J. Athenas, Appellant, against James R. Macduff, as Commissioner of Motor Vehicles of the State of New York, Respondent.
    Submitted October 3, 1955;
    decided October 5, 1955.
   Motion for stay granted and case set down for argument during the October, 1955, session of the Court of Appeals.


text:
    In the Matter of the Arbitration between Edmund C. Grainger, Respondent, and Shea Enterprises, Inc., et al., Appellants.
    Submitted October 3, 1955;
    decided October 5, 1955.
   Motion for stay granted and case set down for argument during the November, 1955, session of the Court of Appeals.


text:
    In the Matter of Abel Green, Appellant, against Joseph D. McGoldrick, as State Rent Administrator, et al., Respondents.
    Submitted October 3, 1955;
    decided October 5, 1955.

      Julian T. Abeles for motion.
    No one opposed.
   Motion for stay granted upon the three conditions set forth in the temporary stay of July 6, 1955, and case set down for argument during the October, 1955, session of the Court of Appeals.


text:
    John H. Nichols et al., Appellants, v. Item Publishers, Inc., Respondent.
    Submitted October 3, 1955;
    decided October 5, 1955.
   Motion to dismiss appeal denied and case set down for argument during the November, 1955, session of the Court of Appeals.


text:
    The People of the State of New York, Respondent, v. Samuel Abelson et al., Appellants.
    Submitted October 3, 1955;
    decided October 5, 1955.
   Motion by all appellants for enlargement of time granted and case set down for argument during the November, 1955, session of the Court of Appeals.


text:
    The People of the State of New York, Respondent, v. Gerald J. Brinkman, Appellant.
    Submitted October 3, 1955;
    decided October 5, 1955.
   Motion for enlargement of time granted and case set down for argument during the first week of the November, 1955, session of the Court of Appeals.


text:
    The People of the State of New York, Respondent, v. Armand Cioffi, Appellant.
    Submitted October 3, 1955;
    decided October 5, 1955.
   Motion to have appeal heard upon the original record and typewritten briefs granted.

Motion for enlargement of time granted and case set down for argument during the November, 1955, session of the Court of Appeals.


text:
    The People of the State of New York, Respondent, v. Ernest Lee Edwards, Appellant.
    Submitted October 3, 1955;
    decided October 5, 1955.
   Motion for enlargement of time granted and case set down for argument during the November, 1955, session of the Court of Appeals. [See 308 N. Y. 1020.]


text:
    The People of the State of New York, Appellant, v. Charles Gersh, Respondent. The People of the State of New York, Appellant, v. Norman Clark, Respondent.
    Submitted October 3, 1955;
    decided October 5, 1955.
   Motion for enlargement of time granted and case set down for argument during the November, 1955, session of the Court of Appeals.


text:
    The People of the State of New York, Appellant, v. John H. Greenwood, Respondent.
    Submitted October 3, 1955;
    decided October 5, 1955.
   Motion for enlargement of time granted and case set down for argument during the October, 1955, session of the Court of Appeals. Records and brief of appellant to be filed and served on or before October 10, 1955.


text:
    The People of the State of New York, Appellant, v. Henry Horowitz and Transbrook Theatres, Inc., Respondents.
    Argued October 3, 1955;
    decided October 5, 1955.

      Harold Dublirer for motion.

      Edward S. Silver, District Attorney (David Diamond of counsel), opposed.
   Motion to dismiss appeal denied.


text:
    The People of the State of New York, Appellant, v. Frank Krayser, Respondent.
    Submitted October 3, 1955;
    decided October 5, 1955.
   Motion for enlargement of time granted and case set down for argument during the October, 1955, session of the Court of Appeals.

Motion for assignment of counsel granted and Edward H. Levine, Esq., 120 Broadway, New York, N. Y., assigned as counsel to defendant on the appeal herein.


text:
    The People of the State of New York, Respondent, v. Alvin E. Lain, Appellant.
    Submitted October 3, 1955;
    decided October 5, 1955.
   Motion for enlargement of time granted and case set down for argument during the October, 1955, session of the Court of Appeals.


text:
    The People of the State of New York, Appellant, v. Lois Brown, Respondent. The People of the State of New York, Appellant, v. Anne Sorise, Respondent. The People of the State of New York, Appellant, v. Dolores Bender, True Name, Dolores Brown, Respondent. The People of the State of New York, Appellant, v. Helen Le Grande, Respondent. The People of the State of New York, Appellant, v. Sarah Maloney, Respondent. The People of the State of New York, Appellant, v. Vastiner King, Respondent.
    Submitted October 3, 1955;
    decided October 5, 1955.
   Motion for enlargement of time granted and case set down for argument on October 19, 1955.


text:
    The People of the State of New York, Respondent, v. Larry J. Moss, Appellant.
    Submitted October 3, 1955;
    decided October 5, 1955.
   Motion to dismiss appeal denied.

Cross motion for enlargement of time granted and case set down for argument during the November, 1955, session of the Court of Appeals.


text:
    The People of the State of New York, Respondent, v. Isaac Namer, Also Known as David Grossman, Appellant.
    Submitted October 3, 1955;
    decided October 5, 1955.
   Motion to have appeal heard upon seven copies of the record before the Appellate Division granted.

Motion for enlargement of time granted and case set down for argument during the first week of the November, 1955, session of the Court of Appeals.


text:
    The People of the State of New York, Respondent, v. Albert F. Shaw, Appellant.
    Submitted October 3, 1955;
    decided October 5, 1955.
   Motion for enlargement of time granted and case set down for argument during the October, 1955, session of the Court of Appeals.


text:
    The People of the State of New York, Respondent, v. Elesano Troiani, Alias Liseno Troiani, True Name, Elesano John Troiani, Appellant.
    Submitted October 3, 1955;
    decided October 5, 1955.
   Motion for enlargement of time granted and case set down for argument during the November, 1955, session of the Court of Appeals.

Motion to have appeal heard upon the original record and typewritten briefs denied without prejudice to renewal upon a proper showing and upon due notice to the District Attorney.


text:
    The People of the State of New York, Respondent, v. Philip Travato, Appellant.
    Submitted October 3, 1955;
    decided October 5, 1955.
   Motion to have appeal heard upon six copies of the record before the Appellate Division and nine typewritten copies of additional papers granted.

Motion for enlargement of time granted and case set down for argument during the November, 1955, session of the Court of Appeals.


text:
    The People of the State of New York, Respondent, v. James Vetri, Appellant.
    Submitted October 3, 1955;
    decided October 5, 1955.
   Motion for enlargement of time granted and case set down for argument during the November, 1955, session of the Court of Appeals.


text:
    American Surety Company of New York, Respondent, v. Fannie Diamond et al., as Executors of Adolph Diamond, Deceased, et al., Appellants.
    Submitted October 3, 1955;
    decided October 6, 1955.

      Herman E. Hoberman for Fannie Diamond and another for motion.

      Bernard Meyerson for David Diamond for motion.

      Joseph Kane for Alfred E. Covelli for motion.

      Frederick M. Garfield, Harold M. Harkavy and I. Sidney Worthman opposed.
   Motion by appellants David Diamond, Fannie Diamond and Morris A. Weiss for leave to appeal granted.

Motion by appellant Alfred E. Covelli for leave to appeal denied upon the ground that it was not made within the statutory time.


text:
    Englander Company, Inc., a Delaware Corporation, Respondent, v. Sol Tishler, Individually and as President of Bedding, Curtain & Drapery Workers Union, Local 140, C. I. O., et al., Defendants, and Alex Sirota et al., Appellants.
    Submitted October 3, 1955;
    decided October 6, 1955.

      J ames P. Durante for motion.

      Victor Babinowits opposed.
   Motion to dismiss appeal granted and appeal dismissed, with costs and $10 costs of motion, upon the ground that the order does not finally determine a special proceeding within the meaning of the Constitution.


text:
    Englander Company, Inc., a Delaware Corporation, Respondent, v. Sol Tishler, Individually and as President of Bedding, Curtain & Drapery Workers Union, Local 140, C. I. O., et al., Appellants.
    Submitted October 3, 1955;
    decided October 6, 1955.

      James P. Durante for motion.

      Victor Babinowits opposed.
   Motion to dismiss appeal granted and appeal dismissed, with costs and $10 costs of motion, upon the ground that the order does not finally determine the action within the meaning of the Constitution.


text:
    City of New Rochelle, Respondent, v. Morgan H. Seacord, Appellant.
    Submitted October 3, 1955;
    decided October 6, 1955.
   Motion to dismiss appeal granted and appeal dismissed, with costs and $10 costs of motion, upon the ground that no substantial constitutional question is presented on this record.


text:
    In the Matter of Hugh A. Coulbourn, Appellant, against Milton L. Burns, as County Treasurer of Suffolk County, Respondent. Capstone Corporation et al., Movant.
    Submitted October 3, 1955;
    decided October 6, 1955.

      Harry Hauskneeht for motion.

      Charles E. Lapp, Jr., opposed.
   Motion dismissed upon the ground that the order sought to be appealed from does not finally determine a special proceeding within the meaning of the Constitution.


text:
    The People of the State of New York, Respondent, v. Louis Oliver, Appellant.
    Submitted October 3, 1955;
    decided October 6, 1955.
   Motion for enlargement of time granted and case set down for argument during the November, 1955, session of the Court of Appeals.


text:
    The People of the State of New York, Respondent, v. Springfield Development Company, Inc., Appellant. The People of the State of New York, Respondent, v. Hill Development Company, Inc., Appellant. The People of the State of New York, Respondent, v. Springfield Development Company, Inc., Appellant. The People of the State of New York, Respondent, v. Hill Development Company, Inc., Appellant. The People of the State of New York, Respondent, v. Charles Rosen, Correct Name Chill Rosenblatt, Appellant. The People of the State of New York, Respondent, v. Marcus Retter, Appellant.
    Submitted October 3, 1955;
    decided October 6, 1955.

      Menahem Stim for motion.
    No one opposed.
   Motion, insofar as it seeks an enlargement of time and leave to withdraw appellants’ briefs and to file new ones, granted and case set down for argument during the November, 1955, session of the Court of Appeals; otherwise, motion denied without prejudice to submission of the proposed addition to the record upon the argument of the appeal at which time appellants should be prepared to show the propriety thereof.


text:
    In the Matter of New York Telephone Company, Respondent, against Public Service Commission of the State of New York, Appellant, and City of New York et al., Intervenors-Appellants.
    Submitted October 3, 1955;
    decided October 11, 1955.
   Motion to have appeal heard upon the record used before the Appellate Division together with eighteen printed copies of volume 1 of the record granted.


text:
    The People of the State of New York, Respondent, v. Edward Nelson, Appellant.
    Submitted October 3, 1955;
    decided October 11, 1955.
   Motion to amend remittitur denied. [See 309 N. Y. 231.]


text:
    Alper Blouse Company, Inc., Appellant, v. E. E. Connor & Co., Inc., Respondent.
    Submitted October 3, 1955;
    decided October 13, 1955.
   Motion for reargument denied, with $10 costs and necessary printing disbursements. [See 309 N. Y. 67.]


text:
    Ernest Aron, Appellant, v. Florence Gillman et al., as Administratrices D. B. N. of the Estate of Dora Ostroff, Deceased, Respondents.
    Submitted October 3, 1955;
    decided October 13, 1955.
   Motion to amend remittitur denied. [See 309 N. Y. 157.]


text:
    Gloria La B. Begley, Appellant, v. Prudential Insurance Company of America, Respondent.
    Submitted October 3, 1955;
    decided October 13, 1955.
   Motion to dismiss appeal denied.

Cross motion for leave to prosecute appeal as poor person and for assignment of counsel granted and Joseph M. Costello, Esq., 100 William Street, New York, N. Y., assigned as counsel to appellant on the appeal herein.


text:
    Anna Beutenmiller et al., Appellants, v. West End Tavern, Inc., Respondent.
    Submitted October 3, 1955;
    decided October 13, 1955.
   Motion to have appeal heard upon one copy of the record before the Appellate Division together with the required additional papers granted.


text:
    Board of the Black River Regulating District, Appellant, v. Adirondack League Club, Respondent.
    Argued October 3, 1955;
    decided October 13, 1955.

      Charles H. Tuttle for motion to dismiss appeal.

      Daniel Scanlon and Russell Wright opposed.

      Jacob K. Javits, 'Attorney-General (James 0. Moore and Richard H. Shepp of counsel), for motion.
   Motion to dismiss appeal granted and appeal dismissed, with costs and $10 costs of motion.

Motion for adjournment of argument dismissed.


text:
    Mary Cassidy, Respondent, v. Celia Cassidy, Appellant, et al., Defendant.
    Submitted October 3, 1955;
    decided October 13, 1955.

      Charles G. Coster and John F. X. Finn for motion.

      Myron Sulzberger, Jr., opposed.
   Motion to vacate order of the Court of Appeals, dated September 19,1955, dismissing the appeal herein granted and appeal reinstated upon the conditions that appellant serve and file the record on appeal and her brief within twenty days from the date of this order and that she be prepared to argue the appeal during the November, 1955, session of the Court of Appeals.


text:
    Cornell University, Appellant-Respondent, v. Messing Bakeries, Inc., Respondent-Appellant.
    Submitted October 3, 1955;
    decided October 13, 1955.
   Motion for reargument denied, with $10 costs and necessary printing disbursements. [See 309 N. Y. 722.]


text:
    Roman Gurtler, Appellant, v. Union Parts Manufacturing Co., Inc., Respondent.
    Submitted October 3, 1955;
    decided October 13, 1955.
   Motion for leave to prosecute appeal as poor person and for assignment of counsel granted and Robert Leon Horn, Esq., 1450 Broadway, New York, N. Y., assigned as counsel to appellant on the appeal herein.


text:
    Milton Jesselson, Individually and as Executor of Tessie Jesselson, Deceased, et al., Respondents, v. Gloria Moody, Appellant.
    Submitted October 3, 1955;
    decided October 13, 1955.
   Motion by respondent Dutton for reargument denied, with $10 costs and necessary printing disbursements. [See 309 N. Y. 148.]


text:
    City of New York, Respondent, v. Gerald D. Nelson et al., as Successor Trustees under the Will of William Nelson, Deceased, et al., Appellants.
    Submitted October 3, 1955;
    decided October 13, 1955.
   Motion for reargument denied.

Motion to amend remittitur granted. Return of remittitur requested and, when returned, it will be amended by adding thereto the following: Upon the appeal herein there were presented and necessarily passed upon questions under the Constitution of the United States, as follows: The appellants argued that the taking by the City of New York of the property here involved was, on this record, a talcing of private property for public use without just compensation under the Fifth Amendment, and deprived them of due process and equal protection of the laws under the Fourteenth Amendment to the Constitution of the United States. The Court of Appeals held that the rights of defendants under the Fifth and Fourteenth Amendments of the Constitution of the United States had not been violated or denied. (See City of New York v. Nelson, 309 N. Y. 94.)

Motion to stay the City of New York from proceeding with the sale or disposition of the subject property granted to and including November 12, 1955, to enable appellants to apply to the Supreme Court of the United States or to a Justice thereof for a stay in connection with an application for a writ of certiorari.


text:
    In the Matter of the Construction of the Will of Asher B. Hallock, Deceased. Fred A. Giloth, as Executor of Florence Y. Giloth, Deceased, Respondent; Frank D. Hallock, Appellant.
    Submitted October 3, 1955;
    decided October 13, 1955.
   Motion to have appeal heard upon the printed record and briefs heretofore filed herein together with a printed supplement containing the additional papers granted upon condition that an appropriate undertaking pursuant to section 593 of the Civil Practice Act, if not already filed, be filed within ten days, in which event respondent’s cross-motion to dismiss appeal denied; otherwise, appellant’s motion denied and respondent’s cross-motion to dismiss granted, with costs and $10 costs of motion. [See 308 N. Y. 299.]


text:
    In the Matter of the Election of Directors of R. Hoe & Co., Inc. Neil P. Cullom, Appellant; Howard E. Rein et al., Respondents.
    Submitted October 3, 1955;
    decided October 13, 1955.
   Motion for reargument or, in the alternative, to amend the remittitur denied, with $10 costs and necessary printing disbursements. [See 309 N. Y. 719.]


text:
    In the Matter of Robert McDonald, Appellant, against J. Vernel Jackson, as Warden of Clinton Prison, Respondent.
    Submitted October 3, 1955;
    decided October 13, 1955.

      Robert McDonald, in person, for motion.
    No one opposed.
   Motion denied.


text:
    In the Matter of Cora M. McKitterick, an Incompetent Person. Mary V. A. Leavitt, Appellant; Herman E. Riddell, as Committee of the Person of Cora M. McKitterick, et al., Respondents.
    Submitted October 3, 1955;
    decided October 13, 1955.
   Motion for leave to appeal denied, with $10. costs and necessary printing disbursements.

Motion to dismiss appeal taken as of right granted and appeal dismissed, with costs and $10 costs of motion upon the ground that no substantial constitutional question is presented.


text:
    In the Matter of the Arbitration between Republique Francaise, Respondent, and Cellosilk Manufacturing Company et al., Appellants.
    Submitted October 3, 1955;
    decided October 13, 1955.
   Motion for reargument denied, with $10 costs and necessary printing disbursements. [See 309 N. Y. 269.]


text:
    In the Matter of Winthrop Taylor, Appellant, against Board of Zoning Appeals of the Town of Smithtown et al., Respondents.
    Submitted October 3, 1955;
    decided October 13, 1955.

      Jackson A. Bykman and Harold A. Meriam for motion.

      George L. Hubbell, Jr., and Edward J. Walsh, Jr., opposed.
   Motion for leave to appeal denied upon the ground that it was not made within the statutory time.


text:
    In the Matter of William D. Traub, Appellant, against Allen J. Goodrich et al., Constituting the State Tax Commission, Respondents.
    Submitted October 3, 1955;
    decided October 13, 1955.
   Motion to have appeal heard upon seven copies of the record before the Appellate Division granted.


text:
    In the Matter of the Probate of the Will of Moses Tropper, Deceased. Joseph Tropper et al., Respondents; Rega Tropper et al., Appellants.
    Submitted October 3, 1955;
    decided October 13, 1955.

      Julius B. Bucher for motion.
    No one opposed.
   Motion to dismiss appeal granted and appeal dismissed, with costs and $10 costs of motion, unless within ten days from the date of this order appellant serves and files the stipulation for order absolute required by subdivision 3 of section 588 of the Civil Practice Act, and furnishes the undertaking required by section 593 of the Civil Practice Act, and pays $10 costs to movants, in which events motion denied.


text:
    Philip Nappi, Appellant, v. Falcon Truck Renting Corp., Respondent.
    Submitted October 3, 1955;
    decided October 13, 1955.
   Motion for leave to prosecute appeal as poor person granted.


text:
    The People of the State of New York, Respondent, v. Charles Indiviglio, Defendant, and Anthony C. Ricco, Appellant.
    Submitted October 3, 1955;
    decided October 13, 1955.
   Motion by defendant Ricco to amend remittitur granted. Return of remittitur requested and, when returned, it will be amended by adding thereto the following: A question under the Federal Constitution was presented and necessarily passed upon by the Court of Appeals, viz.: The defendant Ricco argued that the denial of his application, made at the time his alleged confession was offered in evidence, for a preliminary hearing on the issue of whether such confession was induced by threats, constituted a denial of due process and a violation of his rights under the Fourteenth Amendment to the Federal Constitution. This court held that the denial of the application for a preliminary hearing was not a denial of due process or a violation of said defendant’s rights under the Fourteenth Amendment to the Federal Constitution. [See 308 N. Y. 1036.]


text:
    The People of the State of New York, Respondent, v. Lovell Landers and Addie Exum, Appellants.
    Submitted October 3, 1955;
    decided October 13, 1955.
   Motion for reargument denied. [See 264 N. Y. 119.]


text:
    The People of the State of New York, Respondent, v. Camilo Weston Leyra, Appellant.
    Submitted October 3, 1955;
    decided October 13, 1955.
   Motion for assignment of counsel granted and Osmond K. Fraenkel, Esq., 120 Broadway, New York, N. Y., and Frederick W. Scholem, Esq., 10 East 40th Street, New York, N. Y., assigned as counsel to appellant on the appeal herein. [See 302 N. Y. 353; 304 N. Y. 844, certiorari denied 345 U. S. 918; Leyra v. Denno, 113 F. Supp. 556, affd. 208 F. 2d 605, revd. 347 U. S. 556.]


text:
    The People of the State of New York, Appellant, v. Philip S. Savage, Respondent.
    Submitted October 10, 1955;
    decided October 13, 1955.
   Motion for enlargement of time granted and case set down for argument during the last week of the November, 1955, session of the Court of Appeals.


text:
    The People of the State of New York, Respondent, v. Robert Youkon, Milton Youkon, Nicholas Youkon, Peter Youkon, Dorothy Youkon, Blanche Youkon and Helen Youkon, Appellants.
    Submitted October 3, 1955;
    decided October 13, 1955.
   Motion for reargument denied. [See 309 N. Y. 657.]


text:
    William Rosenfeld, on Behalf of Himself and All Other Stockholders of Fairchild Engine and Airplane Corporation, Similarly Situated, Appellant, v. Fairchild Engine and Airplane Corporation et al., Respondents, et al., Defendants.
    Submitted October 3, 1955;
    decided October 13, 1955.
   Motion for reargument and to amend the remittitur denied, with $10 costs and necessary printing disbursements. [See 309 N. Y. 168.]


text:
    Miriam B. Rosenfield, Respondent, v. Edward M. Rosenfield, Appellant. Miriam B. Rosenfield, Respondent-Appellant, v. Edward M. Rosenfield, Appellant-Respondent; Charles R. Barrett, Respondent.
    Submitted October 3, 1955;
    decided October 13, 1955.
   Motion to dismiss appeals of defendant and cross motion to dismiss appeal of plaintiff denied (see Rules of Court of Appeals, rule I).


text:
    Sea Modes, Inc., et al., Respondents, v. Louis C. Cohen, Appellant.
    Submitted October 10, 1955;
    decided October 13, 1955.
   Motion for reargument denied, with $10 costs and necessary printing disbursements. [See 309 N. Y. 1.]


text:
    Town of Greenburgh, Respondent, v. Bert F. Buser et al., Appellants.
    Submitted October 3, 1955;
    decided October 13, 1955.

      Davis M. Zimmerman for motions.
    No one opposed.
   Motion to dismiss appeal granted and appeal dismissed, with costs and $10 costs of motion, upon the ground that no constitutional question was properly raised in the court below. (See Rector, etc., of Church of Holy Trinity v. Melish, 301 N. Y. 679.)


text:
    In the Matter of the Accounting of Edward C. Raftery et al., as Surviving Executors and Trustees under the Will of Maurice A. Shea, Deceased, Respondents. Margaret L. Shea et al., Appellants.
    Submitted October 3, 1955;
    decided October 13, 1955.

      Thomas K. O’Brien and Arthur E. Sullivan for motion to dismiss appeal.

      John L. Flynn, Referee, in person, for motion to dismiss appeal.

      Lawrence R. Condon opposed.
   Motion for leave to appeal denied upon the ground that an appeal lies as of right.

Motion to dismiss appeal denied.


text:
    In the Matter of the Estate of Frank A. Ludlam, Deceased. (Two Proceedings.) Nathan Zausmer et al., Individually and as Executors of Frank A. Ludlam, Deceased, et al., Respondents; El Rena L. Schoelles, Appellant. (Consolidated Appeals.)
    Submitted October 3, 1955;
    decided October 13, 1955.

      Arthur Buxenbaum for motion.

      Jack Korshin for Nathan Zausmer and another.
   Motion to amend notices of appeal herein nunc pro tune granted.


text:
    Peter Rugani, Respondent, v. K. L. M. Royal Dutch Airlines, Appellant.
    Argued October 3, 1955;
    decided October 20, 1955.

      Gregory 8. Rivkins, Yorkston W. Grist and John G. Poles for appellant.

      Robert F. Doran for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Hugh Fox, an Infant, by Agnes O’Rourke, His Guardian ad Litem, et al., Appellants, v. Mission of the Immaculate Virgin for the Protection of Homeless and Destitute Children, Respondent.
    Argued October 6, 1955;
    decided October 20, 1955.

      Julius A. Itzkowitz, Samuel Kolatch and Anton R. Siegal for appellants.

      William L. Shumate for respondent.
   Judgment affirmed, without costs; no opinion.

Concur: Desmond, Fuld, Van Voorhis and Burke, JJ. Conway, Ch. J., and Froessel, J. dissent and vote to reverse upon the ground that the record presents questions of fact which required the submission to a jury of the question of the contributory negligence of the infant plaintiff. Taking no part: Dye, J.


text:
    Helen Bergmans, as Administratrix of the Estate of Joseph C. Bergmans, Deceased, Appellant, v. State of New York, Respondent.
    (Claim No. 31038.)
    Argued October 4, 1955;
    decided October 20, 1955.

      N. LeVan Haver, Philip Korn and John E. Egan for appellant.

      Jacob K. Javits, Attorney-General (Richard H. Shepp and James 0. Moore, Jr., of counsel), for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of William J. Athenas, Appellant, against James R. Macduff, as Commissioner of Motor Vehicles of the State of New York, Respondent.
    Submitted October 10, 1955;
    decided October 20, 1955.

      Daniel Weiss and Milton E. Jacobowits for appellant.

      Jacob K. Javits, Attorney-General (Daniel M. Cohen, James O. Moore, Jr., and Jerome O. Glucksman of counsel), for respondent.
   Order affirmed, without costs; no opinion.

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


text:
    The People of the State of New York ex rel. Robert K. Epting, Appellant, against Wesley De Voe, as Acting Sheriff of the County of Saratoga, Respondent.
    Argued October 5, 1955;
    decided October 20, 1955.

      John J. O'Malley and Saul Balmuth for appellant.

      Garleton J. King, District Attorney (James A. O'Connor of counsel), for respondent.
   Order affirmed, no opinion.

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


text:
    Michael J. Gannon et al., Appellants, v. Royal Properties, Inc., et al., Defendants, and R. & G. Service Garage, Inc., Respondent. Eugene Erk, Appellant, v. Royal Properties, Inc., et al., Defendants, and R. & G. Service Garage, Inc., Respondent.
    Argued October 4, 1955;
    decided October 20, 1955.

      Paxton Blair, Edward M. Edenbaum and Harry H. Lipsig for appellants.

      James A. Doherty and James A. Doherty, Jr., for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Stephen Kacpura, Respondent, v. Ruth H. Hicks, Appellant.
    Argued October 4, 1955;
    decided October 20, 1955.

      Jerome Otis Ellis and Donald L. Ochs for appellant.

      Logan Gresap for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    The People of the State of New York, Respondent, v. Bert Schreiber, Appellant.
    Argued October 5, 1955;

    decided October 20, 1955.

      Bruce H. Willner for appellant.

      Frank S. Hogan, District Attorney (Paul A. Stone and Charles W. Manning of counsel), for respondent.
   Judgments reversed, information dismissed and the fine remitted. Whether or not a punch card or punchboard comes within the scope of section 970-a of the Penal Law need not be here decided since, in our view, there was no proof, beyond a reasonable doubt, of the essential sale of such an article. No opinion.

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


text:
    The People of the State of New York, Respondent, v. James Blakeslee, Charles Broderick and Thomas Sokolski, Appellants.
    Argued October 6, 1955;
    decided October 20, 1955.

      Charles J. McDonough for appellants.

      John F. Dwyer, District Attorney (Merrill G. Windelberg of counsel), for respondent.
   Judgment affirmed; no opinion.

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


text:
    Mary Platto et al., Appellants, v. Bertha Stier, Respondent, et al., Defendants.
    Argued October 3, 1955;
    decided October 20, 1955.

      Herbert L. Fine, Harry Zeitlan and Murray Eisenberg for appellants.

      Samuel E. Swiggett for Bertha Stier, respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of T. Vincent Quinn, as District Attorney of Queens County, Appellant, against J. Irwin Shapiro, as Magistrate of the City of New York, Respondent.
    Argued October 10, 1955;
    decided October 20, 1955.

      T. Vincent Quinn, District Attorney (Benjamin J. Jacobson of counsel), appellant in person.

      David Diamond for Edward S. Silver, District Attorney of Kings County, amicus curice, in support of appellant’s position.

      Jacob K. Javits, Attorney-General (Daniel M. Cohen and James 0. Moore, Jr., of counsel), for respondent.

      Henry W. Schober for Criminal Courts Bar Association of Queens County, Inc., amicus curies, in support of respondent’s position.
   Order affirmed; no opinion.

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


text:
    Hotel Syracuse, Inc., Appellant, v. Motel Syracuse, Inc., Respondent.
    Argued October 3, 1955;
    decided October 20, 1955.

      Jerome H. Searl for appellant.

      Saul H. Alderman for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    The People of the State of New York, Respondent, v. Michael Du Byk, Appellant.
    Argued October 4, 1955;
    decided October 20, 1955.

      Nancy Carley for appellant.

      Daniel V. Sullivan, District Attorney (John B. Lee and Walter E. Dillon of counsel), for respondent.
   Judgment affirmed; no opinion.

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


text:
    The People of the State of New York, Respondent, v. Daniel Ahearn, Appellant.
    Argued October 6, 1955;
    decided October 20, 1955.

      Irving Novis for appellant.

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

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


text:
    The People of the State of New York, Respondent, v. Lester Meyers, Appellant.
    Argued October 5, 1955;
    decided October 20, 1955.

      David Farber for appellant.

      T. Vincent Quinn, District Attorney (George J. Began of counsel), for respondent.
   Judgments reversed and information dismissed upon the ground that there is not sufficient evidence to find the defendant guilty beyond a reasonable doubt. No opinion.

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


text:
    James E. Miller et al., Appellants, v. Edmore Homes Corp., Respondent, et al., Defendant.
    Argued October 7, 1955;
    decided October 20, 1955.

      Edward G. Wolff and Furman Greene for appellants.

      Michael Goldberg, Gerard 8. Johnson and Abraham Apat for respondent.
   Judgment affirmed, without costs; no opinion.

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


text:
    Renee Pollard, by William C. Pollard, Her Guardian ad Litem, Appellant, v. Board of Education, Barker Central School District, Respondent.
    Argued October 3, 1955;
    decided October 20, 1955.

      Robert L. Fraser and James P. Degnam for appellant.

      Salem Q. Mansour for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Mary J. Clark, as Administratrix of the Estate of Albert R. Clark, Deceased, Respondent-Appellant, v. John H. Stannard, Respondent, and City of Rome, Appellant.
    Submitted October 3, 1955;
    decided October 20, 1955.
   Motions by City of Rome and Mary J. Clark, as administratrix of the estate of Albert R. Clark, deceased, for leave to appeal denied upon condition that plaintiff, within twenty days, carry out the stipulation offered in the papers herein to reduce the amount of the judgment against the City of Rome by the sum of $1,514.07; otherwise, motions granted.


text:
    In the Matter of Rubin Maloff, Appellant, against Board of Education of the City of New York, Respondent, and I. Bert Levine et al., Intervenors-Respondents.
    Submitted October 10, 1955;
    decided October 20, 1955.
   Motion for a certificate that a constitutional question is involved on the appeal herein denied.


text:
    In the Matter of Oxford Group-Moral Re-Armament, MRA, Inc., Appellant, against Hogarth S. Sweet et al., Constituting the Board of Review of the Town of New Castle, Respondents. In the Matter of Oxford Group-Moral Re-Armament, MRA, Inc., Appellant, against Maynard Allen et al., Constituting the Board of Assessors of the Town of North Castle, Respondents.
    Submitted October 3, 1955;
    decided October 20, 1955.
   Motion for reargument denied, with $10 costs.

Motion to amend remittitur granted. Return of the remittitur requested and, when returned, it will be amended by adding thereto the following: Upon the appeal herein there was presented and necessarily passed upon a question under the Constitution of the United States, viz.: Whether the zoning ordinance of the Town of New Castle violates the First and Fourteenth Amendments to the Constitution of the United States insofar as it relates to the portion of the real property described in the complaint which is located in the town of New Castle. The Court of Appeals held that there was no denial of any constitutional right of petitioner. [See 309 N. Y. 744.]


text:
    In the Matter of Oxford Group-Moral Re-Armament, MRA, Inc., Appellant, against Hogarth S. Sweet et al., Constituting the Board of Review of the Town of New Castle, Respondents. In the Matter of Oxford Group-Moral Re-Armament, MRA, Inc., Appellant, against Maynard Allen et al., Constituting the Board of Assessors of the Town of North Castle, Respondents.
    Submitted October 17, 1955;
    decided October 20, 1955.
   Motion to amend remittitur granted to the extent that the remittitur is recalled and amended to read as follows: Orders of Appellate Division reversed and those of Special Term reinstated, with costs in this court and in the Appellate Division against the Town of North Castle and without costs to either party with respect to the Town of New Castle, upon the ground that the weight of the evidence supports the findings of the Official Referee that the premises of appellant in both towns are used exclusively for exempt purposes, but that appellant is not a “ family ” or a “ church ” or other place of worship, so as to conform to the zoning ordinance of the Town of New Castle. We have considered the other points raised and conclude that the Official Referee reached the correct result. [See 309 N. Y. 744.]


text:
    Florence C. Palmer, as Administratrix of the Estate of Ernest F. Palmer, Deceased, Appellant, v. County of Nassau, Defendant; Town of North Hempstead, Respondent, and Long Island Lighting Company, Respondent and Third-Party Plaintiff-Appellant. Switzer Contracting Co., Inc., Third-Party Defendant-Respondent.
    Submitted October 17, 1955;
    decided October 20, 1955.
   Motion to have appeal of third-party plaintiff-appellant Long Island Lighting Company heard upon the record on appeal herein now on file in this office granted upon condition that it serve a copy of the record on appeal as now filed and also printed briefs, insofar as the appeal is between the third parties, upon the defendant-respondent Town of North Hemp-stead and the third-party defendant-respondent Switzer Contracting Co., Inc.


text:
    The People of the State of New York, Respondent, v. John Cannizzaro, Appellant.
    Submitted October 17, 1955;
    decided October 20, 1955.
   Motion for enlargement of time granted and case set down for argument during the November, 1955, session of the Court of Appeals.


text:
    The People of the State of New York, Appellant, v. John Formato, James Morello, Pasquale Lepore and Hugo Torre, Respondents.
    Submitted October 17, 1955;
    decided October 20, 1955.
   Motion for enlargement of time granted and case set down for argument during the last week of the November, 1955, session of the Court of Appeals.


text:
    The People of the State of New York, Appellant, v. Meyer Levenstein, Respondent.
    Submitted October 17, 1955;
    decided October 20, 1955.
   Motion for enlargement of time granted and case set down for argument during the November, 1955, session of the Court of Appeals.


text:
    The People of the State of New York, Appellant, v. John O. Stratton, Respondent.
    Submitted October 17, 1955;
    decided October 20, 1955.
   Motion for enlargement of time granted and case set down for argument during the last week of the November, 1955, session of the Court of Appeals.


text:
    The People of the State of New York, Respondent, v. Elesano Troiani, Alias Liseno Troiani, True Name, Elesano John Troiani, Appellant.
    Submitted October 19, 1955;
    decided October 20, 1955.
   Motion to have appeal heard upon seven copies of the record before the Appellate Division and seven typewritten briefs granted.

Motion for a further enlargement of time denied.


text:
    Premier Knitting Co., Inc., Respondent, v. George Raptis Yarns, Inc., Appellant.
    Submitted October 17, 1955;
    decided October 20, 1955.
   Motion to dismiss appeal for failure to file brief denied. Appellant is directed to serve and file the brief, if any, within two weeks from the date of service of the order hereon and the case is set down for argument during the November, 1955, session of the Court of Appeals.


text:
    Tillie Pretzfelder, Appellant, v. Erwin Kahn, Respondent.
    Submitted October 17, 1955;
    decided October 20, 1955.
   Motion to dismiss appeal granted and appeal dismissed, with, costs and $10 costs of motion, unless within ten days appellant serves and files the required undertaking on appeal and within twenty days serves and files the record on appeal and pays $10 costs, in which events motion denied.


text:
    In the Matter of Thomas H. Brown, Respondent, against Edward A. Fitzgerald et al., Appellants. In the Matter of Edward A. Fitzgerald, Appellant, against Wilford A. Le Forestier et al., Constituting the Board of Elections of Rensselaer County, et al., Respondents.
    Argued November 2, 1955;
    decided November 2, 1955.

      James E. Gavagan for appellants.

      F. Richard Decatur, Jr., Robert E. Gray, Edward J. Malone and Eugene P. Coffey for Thomas H. Brown, respondent.

      Elmer A. Rasmussen, County Attorney, for Wilford A. Le Forestier, and others, respondents.

      Neil M. Lieblich for Division for Servicemen’s Voting, Department of State.
   Order affirmed, without costs; no opinion.

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


text:
    In the Matter of Burr Hornbeck, Appellant, against James P. Askin et al., as Commissioners of Election of the County of Sullivan, Respondents.
    Argued November 2, 1955;
    decided November 2, 1955.

      Ellsworth Baker for appellant.

      Irving Bershader, County Attorney, for respondents.
   Order affirmed, without costs; no opinion.

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


text:
    In the Matter of Prudential Insurance Company of America, Appellant, against William E. Boyland et al., Constituting the Tax Commission of the City of New York, Respondents. [60 East 42nd St., Borough of Manhattan.]
    Argued October 5, 1955;
    decided November 17, 1955.

      Arthur A. 8 eg all, Murray L. Watt and Robert L. Pels for appellant.

      Peter Campbell Brown, Corporation Counsel (Edith I. Spivach and Morris Handel of counsel), for respondents.
   Order affirmed, with costs; no opinion.

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


text:
    The People of the State of New York, Respondent, v. William D. Caracelli, Appellant.
    Submitted October 5, 1955;
    decided November 17, 1955.

      William D. Caracelli, appellant in person.

      T. Vincent Quinn, District Attorney (Benj. J. Jacobson of counsel), for respondent.
   Orders reversed, with the direction that appellant be returned to the County Court, Queens. County, to be resentenced as a first offender, upon the ground that it does not sufficiently appear that the crime to which appellant pleaded guilty in New Jersey would have been a felony if committed in this State. No opinion.

• Concur: Conway, Ch. J., Desmond, Dye, Fund, Fboessel, Van Voobhis and Bueke, JJ.


text:
    Elsie S. Fullerton, Appellant, v. City of Schenectady, Respondent. Walter A. Fullerton, Jr., Appellant, v. City of Schenectady, Respondent.
    Submitted October 3, 1955;
    decided November 17, 1955.
   Motion for reargnment denied.

Motion to amend remittitur granted. Return of the remittitur requested and, when returned, it will be amended to read as follows: Judgment affirmed, without costs. Upon the appeal herein there were presented and necessarily passed upon questions under the Constitution of the United States, viz.: Whether plaintiffs have been deprived of property without due process of law under the Fourteenth Amendment of the Constitution of the United States; and whether Local Law No. 6 of the City of Schenectady, effective April 16, 1935, is repugnant to the Constitution of the United States. The Court of Appeals held that there was no denial of any constitutional right of the plaintiffs. [See 309 N. Y. 701.]


text:
    Clifford Hamp, Appellant, v. City of New York et al., Respondents.
    Submitted October 3, 1955;
    decided November 17, 1955.

      Irving A. Thau for motion.

      Peter Campbell Brown, Corporation Counsel (Seymour B. Quel and Fred Iscol of counsel), opposed..
   Motion dismissed, with $10 costs and necessary printing disbursements, upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution.


text:
    Sylvia Hartman et al., Respondents, v. Angelo J. Paliotto, Appellant.
    Submitted November 14, 1955;
    decided November 17, 1955.

      Angelo J. Paliotto, in person, for motion.

      Howard I. Brenner opposed.
   Motion dismissed, with $10 costs, upon the ground that the order sought to be appealed from does not finally determine a special proceeding within the meaning of the Constitution.


text:
    Lloyd J. Hosford, as Administrator of the Estate of Regina M. Hosford, Deceased, Appellant, v. New York State Electric & Gas Corporation, Respondent. Lloyd J. Hosford, as Administrator of the Estate of Lloyd A. Hosford, Deceased, Appellant, v. New York State Electric & Gas Corporation, Respondent. Samuel Perdicho et al., as Administrators of the Estate of Antoinette Perdicho, Deceased, Appellants, v. New York State Electric & Gas Corporation, Respondent. Lloyd J. Hosford, as Administrator of the Estate of Lloyd R. Decker, Deceased, Appellant, v. New York State Electric & Gas Corporation, Respondent. Lloyd J. Hosford, as Administrator of the Estate of Regina M. Hosford, Deceased, Appellant, v. New York State Electric & Gas Corporation, Respondent.
    Submitted November 14, 1955;
    decided November 17, 1955.

      Benjamin H. Sijf for motion.

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


text:
    J. Erwin Hyney, Appellant, v. Marie Nielsen et al., as Executors of Gerald B. Nielsen, Deceased, et al., Respondents.
    Submitted November 14, 1955;
    decided November 17, 1955.
   Motion for leave to prosecute appeal upon the original record and typewritten additional papers and briefs denied.


text:
    In the Matter of the Accounting of Ralph Asker, as Committee of the Person and Estate of Leonard Asker, an Incompetent Person, Appellant. Department of Mental Hygiene of the State of New York, Respondent.
    Submitted November 14, 1955;
    decided November 17, 1955.

      Walter H. Edson for motion.

      Jacob K. Javits, Attorney-General (Margaret D. Hazel of counsel), for Department of Mental Hygiene.
   Motion for an order of substitution granted.


text:
    In the Matter of Edward Dougherty et al., Appellants, against State Harness Racing Commission et al., Respondents.
    Submitted October 17, 1955;
    decided November 17, 1955.

      Jacob K. Javits, Attorney-General, for motion.

      Sidney 0. Raphael opposed.
   Motion denied, with leave to renew upon the argument.


text:
    In the Matter of David M. Dunning, Jr., Respondent, against Alfred E. Turner, as City Manager of the City of Auburn, Appellant.
    Submitted November 14, 1955;
    decided November 17, 1955.
   Motion for an order vacating the order of the Court of Appeals dated October 13, 1955, dismissing the appeal herein and for extension of time to file the record on appeal, granted, upon condition that appellant serve and file the record on appeal and brief no later than November 21, 1955, in which event the case is set down for the November, 1955, session of the Court of Appeals; otherwise, motion denied.


text:
    In the Matter of Jacob Grumet, Fire Commissioner, as Trustee of the Volunteer Firemen’s Benevolent Fund, Petitioner-Respondent, against Robert W. Goodbody et al., Respondents, and James McNulty, as Trustee, and Michael Dulk, as Trustee and Treasurer of the Exempt Firemen’s Benevolent Fund of the County of Kings, Respondent-Appellant.
    Submitted October 17, 1955;
    decided November 17, 1955.

      Peter Campbell Brown, Corporation Counsel, for motion.

      Fred C. Moritt opposed.
   Motion granted unless, on or before December 10,1955, Henry Butecke, one of the fund trustees, applies for an order substituting him as appellant in place of Michael Dulk, the only appellant herein, who died since the appeal was taken to the Court of Appeals (Civ. Prac. Act, § 557, subd. 2; § 579).


text:
    In the Matter of the Accounting of Arthur V. Jennings, as Coadministrator of the Estate of Walter F. Jennings, Deceased, Respondent. Josephine Jennings et al., Appellants.
    Submitted November 14, 1955;
    decided November 17, 1955.

      Samuel A. Looker for motion.

      Anthony B. Gataldo for respondent.
   Application for leave to prosecute appeal as poor persons and for assignment of counsel granted and Messrs. Vigdor and Locker of 332 East 149th Street, New York City, assigned as counsel to the appellants on the appeal herein. Case set down for argument during the January, 1956, session of the Court of Appeals.

Motion for stay granted.


text:
    In the Matter of Winthrop Taylor, Respondent, against Louis V. Vion, as Assessor of the Town of Smithtown, et al., Appellants.
    Submitted October 17, 1955;
    decided November 17, 1955.

      Guy 0. Walser for motion.

      Walter R. Kuhn opposed.
   Motion dismissed upon the ground that the order sought to be appealed from does not finally determine a special proceeding within the meaning of the Constitution.


text:
    In the Matter of the Estate of John E. Wilson, Deceased. Frederick E. Wilson, as Executor of John E. Wilson, Deceased, Respondent; George S. Ludwig et al., Appellants.
    Submitted November 14, 1955;
    decided November 17, 1955.
   Motion for an extension of time to serve and file respondent’s brief granted and respondent directed to serve and file the brief, if any, within seven days from the date of this order.


text:
    The People of the State of New York, Respondent, v. Samuel Abelson et al., Appellants.
    Submitted November 14, 1955;
    decided November 17, 1955.
   Motion for further enlargement of time denied. [See 309 N. Y. 786.]


text:
    The People of the State of New York, Respondent, v. Camilo Weston Leyra, Appellant.
    Submitted November 14, 1955;
    decided November 17, 1955.
   Motion for enlargement of time granted and case set down for argument during the January, 1956, session of the Court of Appeals. [See 309 N. Y. 806.]


text:
    The People of the State of New York, Appellant, v. John O. Stratton, Respondent.
    Submitted November 14, 1955;
    decided November 17, 1955.
   Motion for further enlargement of time granted, brief for appellant, if any, to be served and filed no later than December 15, 1955, and case set down for argument during the January, 1956, session of the Court of Appeals. [See 309 N. Y. 846.]


text:
    Miriam B. Rosenfield, Respondent, v. Edward M. Rosenfield, Appellant. Miriam B. Rosenfield, Respondent-Appellant, v. Edward M. Rosenfield, Appellant-Respondent. Charles R. Barrett, Respondent.
    Submitted November 14, 1955;
    decided November 17, 1955.
   Motion by defendant, insofar as leave to have appeals heard upon abridged records is sought, denied; motion insofar as an extension of time to serve and file the records on appeal is sought, granted and the records directed to be served and filed no later than December 7, 1955.

Motion by plaintiff, insofar as an extension of time to serve and file the record on appeal is sought, granted and the record directed to be served and filed no later than December 7, 1955; motion, insofar as leave to have the appeal heard upon copies of the record before the Appellate Division is sought, denied.

Case set down for argument during the January, 1956, session of the Court of Appeals. [See 309 N. Y. 807.]


text:
    Mary K. McNamee, Respondent, v. Ruth A. Griffin, Appellant.
    Argued October 7, 1955;
    decided November 23, 1955.

      Joseph Winston and Abraham M. Perkus for appellant.

      Mortimer Goodman and John J. Grandefeld for respondent.

      Albert Hirst for New York State Association of Life Underwriters, amicus curicc, in support of respondent’s position.
   Judgment affirmed, with costs; no opinion.

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


text:
    The People of the State of New York, Respondent, v. Oscar Bickel, Appellant. The People of the State of New York, Respondent, v. Dan Castrillo, Appellant. The People of the State of New York, Respondent, v. Cecelia Lederle, Appellant.
    Argued October 6, 1955;
    decided November 23, 1955.

      Howard A. Rockford and Raymond Keran O’Brien for appellants.

      Peter Campbell Brown, Corporation Counsel (Anthony Curreri and Seymour B. Quel of counsel), for respondent.
   Judgments affirmed; no opinion.

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


text:
    George J. Glendenning, Individually and as Guardian ad Litem of George W. Glendenning, an Infant, Appellants, v. Walter Feld, Defendant, and Eleanore Lenney et al., Respondents.
    Argued October 11, 1955;
    decided November 23, 1955.

      Alfred M. Zisser for appellants.

      Harold J. Tillou for respondents.
   Judgment affirmed, with costs; no opinion.

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