text:
    Sicilian Asphalt Paving Company, Respondent, v. Employers’ Liability Assurance Corporation, Ltd., Appellant.
    Argued March 6, 1945;
    decided April 12, 1945.

      Walter L. Glenney for appellant.

      James J. McLoughlin and Julius S. Christensen for respondent.
   Judgment affirmed, with costs; no opinion.

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


source: Caselaw Access Project

license: Public Domain

text:
    In the Matter of the Accounting of J. Walter McClancy, as Executor of Stephen McClancy, Deceased, Respondent. Morris Plan Industrial Bank of New York, Appellant; Fredrick J. Britton, as Special Guardian for Howard McClancy, an Infant, et al., Respondents.
    Argued March 8, 1945;
    decided April 12, 1945.

      Henry Pleus and Henry W. Parker for appellant.

      William R. McVay for J. Walter McClancy, as executor, respondent.

      Frederick J. Britton, special guardian, respondent.
   Order affirmed, with costs; no opinion.

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


text:
    The People of the State of New York, Respondent, v. Bessie Rosen, Appellant.
    Argued March 1, 1945;
    decided April 12, 1945.

      Joseph Aronstein for appellant.

      William O’Dwyer, District Attorney (William I. Siegel of counsel), for respondent.
   Judgments reversed and a new trial ordered. The proof as to the defendant’s possession of the policy slips was insufficient as a matter of law to sustain the judgment of conviction. No opinion. ’

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


text:
    Antonio Verna, Appellant, v. Benny Tunick, Respondent.

    Submitted March 5, 1945;
    decided April 12, 1945.

      Louis Susman for appellant.

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

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


text:
    John Hurd, Respondent, v. Republic Steel Corporation, Appellant.
    Submitted March 5, 1945;
    decided April 12, 1945.

      William L. Clay for motions.

      Casper V. Baltensperger opposed.
   Motions dismissed on the ground that the appeal is no longer pending.


text:
    John Hurd, Respondent, v. Republic Steel Corporation, Appellant.
    Submitted April 2, 1945;
    decided April 12, 1945.

      William L. Clay for motion.

      Casper V. Baltensperger opposed.
   Motion dismissed.


text:
    In the Matter of Candelaria Gold and Silver Mining Company. David Obler, Appellant; Walter E. Ernst, as Liquidator of Candelaria Gold and Silver Mining Company, et al., Respondents.
    Submitted April 2, 1945;
    decided April 12, 1945.

      Jacob Newman for motion.

      Harold H. Straus and J. Charles Weschler opposed.
   Motion denied with leave to renew upon the argument.


text:
    John Tooker, Respondent, v. Inter-County Title Guaranty and Mortgage Company, Appellant.
    Submitted April 2, 1945;
    decided April 12, 1945.

      Morris Permut and Milton Kunen for motion.

      Alfred J. Loew and Jerome Weinstein opposed.
   Motion granted. Upon the argument of the appeal the court will consider the effect of section 116 of the Banking Law upon the transaction in issue.


text:
    The People of the State of New York, Respondent, v Michael Montagno, Appellant.
    Submitted April 2, 1945;
    decided April 12, 1945.

      Michael Montagno for motion.
    No one opposed.
   Motion denied on the ground that no appeal lies to this court from the order.


text:
    Sverre Kristiansen, Appellant, v. Wagner’s Steel Erectors, Inc., Respondent, et al., Defendants.
    Submitted April 2, 1945;
    decided April 12, 1945.

      William P. Cotter for motion to dismiss and in opposition to cross motion.

      Joseph A. McLoughlin, in opposition to motion to dismiss and for cross motion.
   Motion to dismiss appeal granted and appeal dismissed, with costs and $10 costs of motion unless the appellant, within ten days, serves and files the required undertaking and pays $10 costs, in which event the motion is deniéd, and also in which event plaintiff’s countermotion for leave to prosecute the appeal on three printed copies of the Appellate Division record is granted.


text:
    Emma E. Gordon, as Administratrix of the Estate of Henry P. Gordon, Deceased, Plaintiff, v. Bethlehem Steel Company, Defendant; Forsythe Equipment Co., Inc., et al., Respondents, and Gerosa Haulage & Warehouse Corporation, Impleaded Defendant-Appellant.
    Submitted April 2, 1945;
    decided April 12, 1945.

      Harry Schechter and Bernard Katzen for motion.

      Harold V. Angevine and George A. Garvey for defendant-respondent Forsythe Equipment Co., Inc., opposed.

      T. Carlyle Jones and Daniel Miner for defendants-respondents Aluminum Co. of America and Defense Plant Corp., opposed.
   Motion dismissed, with $10 costs and necessary printing disbursements upon the ground that the order does not finally determine the action within the meaning of the Constitution.


text:
    In the Matter of the Application of Samuel Lesser, Appellant.
    Submitted April 2, 1945;
    decided April 12, 1945.

      Samuel Lesser, in person, for motion.
    No one opposed.
   Motion dismissed. The order is not appealable.


text:
    The People of the State of New York ex rel. Lawrence Rensing, Appellant, against Vernon A. Morhous, as Warden of Great Meadow Prison, Respondent.
    Submitted April 2, 1945;
    decided April 12, 1945.

      Nathaniel L. Goldstein, Attorney-General (George A. Radz of counsel), for motion to dismiss and in opposition to cross motion.

      Lawrence Rensing in opposition to motion to dismiss and for cross motion.
   Motion to dismiss denied, with leave to renew upon the argument of the appeal.

Motion for leave to prosecute the appeal as a poor person granted.


text:
    City of New Rochelle, Respondent, v. Echo Bay Waterfront Corporation, Appellant.
    Submitted April 2, 1945;
    decided April 12, 1945.
   Motion by appellant to amend the remittitur granted. Return of remittitur requested and when returned it will be amended by adding thereto the following: Questions under the Constitution of the United States were presented and necessarily passed upon. The appellant contended that the notice given of the commencement of this action was not adequate as due process of law under the 14th Amendment of the Constitution of the United States. The appellant also contended that" the judgment entered in this case deprived the appellant of its property without due process of law and appropriated its property to public use without just compensation in violation of the 14th Amendment of the Constitution of the United States. This court held that the rights of the appellant under the 14th Amendment of the Constitution of the United States had not been violated or denied. [See 294 N. Y. 678.]


text:
    In the Matter of the Claim of Hazel Sheppard, Made on Behalf of Reginald Fludd, Respondent, against Albert J. Demps et al., Appellants. State Industrial Board, Respondent.
    Submitted April 2, 1945;
    decided April 12, 1945.
   Motion for reargument of motion to amend notice of appeal denied on the ground that the Court of Appeals has no power to amend a notice of appeal where no appeal is actually pending in this Court. [See 294 N. Y. 689.]


text:
    The People of the State of New York ex rel. Frank Palumbo, Appellant, against J. Vernel Jackson, as Warden of Clinton Prison, Respondent.
    Submitted April 2, 1945;
    decided April 12, 1945.

      Frank Palumbo, in person, for motion.
    No one opposed.
   Motion for leave to appeal denied on the ground that an appeal lies as of right.

Motion to prosecute appeal upon typewritten records and briefs granted provided appellant takes the appeal within thirty days.

Motion for assignment of counsel granted and Allen M. Light. Esq. of Plattsburgh, N. Y., assigned.


text:
    The People of the State of New York ex rel. Albert de Freitas, Appellant, against Walter B. Martin, as Warden of Attica State Prison, Respondent.
    Submitted April 2, 1945;
    decided April 12, 1945.

      Albert de Freitas, in person, for motion.

      Nathaniel L. Goldstein, Attorney-General (Wortley B. Paul of counsel), opposed.
   Motion denied on the ground that no appeal lies to this court from either order.


text:
    Shore Bridge Corporation, Appellant, v. Utica Structural Steel, Inc., et al., Appellants; First Trust Company of Albany, Respondent; Fidelity and Deposit Company of Maryland, Appellant, et al., Defendants.
    Submitted April 9, 1945;
    decided April 19, 1945.

      Patrick C. Dugan and Thomas E. White for motion.

      Edward S. Rooney opposed.
   Motion denied, with $10 costs and necessary printing disbursements on the ground that the appeal lies as of right.


text:
    James A. Taylor, Appellant, v. New York Central Railroad Company, Respondent.
    Submitted April 9, 1945;
    decided April 19, 1945.

      Rogers H. Bacon and Edward D. Burns for motion to dismiss appeal and in opposition to motion for leave to appeal.

      Copal Mintz and James J. Healy for motion for leave to appeal and in opposition to motion to dismiss.
   Motion to dismiss appeal granted and appeal dismissed.

Motion for leave to appeal granted.


text:
    Herman Luke et al., Appellants v. Victor Polstein et al., Respondents, et al., Defendants.
    Submitted April 9, 1945;
    decided April 19, 1945.
   Motion to vacate order dismissing appeal under rule I of Rules of Court of Appeals for failure to file return after written notice, granted on condition that appellants file the return and pay $10 costs within ten days; otherwise motion denied, with $10 costs.


text:
    The People of the State of New York, Respondent, v. Ralph R. Renninger, Appellant.
    Submitted April 9, 1945;
    decided April 19, 1945.

      Ralph R. Renninger, in person, for motion.
    No one opposed.
   Motion denied on the ground that the order has not been reviewed by the Appellate Division.


text:
    The People of the State of New York, Respondent, v. Samuel J. Van Kleeck, Appellant.
    Submitted April 9, 1945;
    decided April 19, 1945.

      N. Le Van Haver, District Attorney, for motion to dismiss and in opposition to motion for enlargement of time.

      William A. Kaercher for motion for enlargement of time and in opposition to motion to dismiss.
   Motion to dismiss appeal denied.

Motion to open default and for enlargement of time granted and case set down for argument during second week of May 1945, session.


text:
    Commissioners of the State Insurance Fund, Respondents, v. John Humm, Jr., as Executor of John Humm, Sr., Defendant, and E. W. Bliss Co., Appellant.
    Submitted April 9, 1945;
    decided April 19, 1945.

      Harold V. Angevine and George A. Garvey for motion.

      Harry Schechter and Bernard Katzen opposed.
   Motion dismissed, with $10 costs and necessary printing disbursements on the ground that the order ' does not finally determine the action within the meaning of the .Constitution.


text:
    In the Matter of the Arbitration between Samuel Paris, Appellant, and Harold Herman et al., Respondents, and Others.
    Submitted April 16, 1945;
    decided April 19, 1945.

      Harry Hoffman for petitioner’s motion for stay and in opposition to cross motion to dismiss the appeal.

      David Sklaire for cross motion to dismiss the appeal and in opposition to petitioner’s motion for stay.
   Motions for stay granted and case set down for argument during first week of May 1945 session.

Motion to dismiss appeal denied.


text:
    In the Matter of the Accounting of Mary F. Brady, as Administratrix with the Will Annexed of Daniel W. Tierney, Deceased. In the Matter of the Petition of Deferred Payment Plan, Inc., to Compel Accounting by Mary F. Brady, as Administratrix with the Will Annexed of Daniel W. Tierney, Deceased. Deferred Payment Plan, Inc., Appellant; Mary F. Brady, as Administratrix, et al., Respondents. (Consolidated Proceedings.)
    Submitted May 14, 1945;
    decided May 15, 1945.

      George L. Kettner and Timothy A. McCarthy for motion.

      Edward Garfield and Robert H. Wrubel opposed.
   Motion denied, with ten dollars costs.


text:
    Federal Deposit Insurance Corporation, as Receiver of The Fort Green National Bank in New York, Respondent, v. Philip Apfelbaum et al., Defendants, and James H. Hickey et al., Appellants.
    Argued April 5, 1945;
    decided May 17, 1945.

      James H. Hickey, appellant in person.

      George A. Roland for Howard Chardavoyne and another, as executors of Henry S. Chardavoyne, deceased, appellants.

      N. William Welling, Francis C. Brown of the District of Columbia Bar, James M. Kane of the Illinois Bar and Sidney R. Nussenfeld for respondent.
   Judgment affirmed, without costs; no opinion.

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


text:
    Mary Macfadden, Appellant, v. Bernarr Macfadden, Respondent.
    Argued April 4, 1945;
    decided May 17, 1945.

      Frederick Evan Crane and Maurice V. Seligson for appellant.

      Edward C. McLean for respondent.
   Judgment affirmed, without costs; no opinion. [See 294 N. Y. 963.]

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


text:
    Colonial Trust Company, Respondent, v. Eastern Terra Cotta Realty Corporation et al., Appellants, et al., Defendants.
    Submitted April 5, 1945;
    decided May 17, 1945.

      Francis X. Conway, Ernest Frederick Eidlitz and J. G. Fink for Eastern Terra Cotta Realty Corporation and another, appellants.

      George Pollack for Madden & Lane, Inc., appellant.

      George Gruberg for Lily Carragher, appellant.

      Frederick T. Kelsey and Arthur J. Marangelo for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    James A. Trowbridge, Jr., et al., as Surviving Trustees, Respondents, v. James A. Trowbridge, Jr., et al., as Surviving Executors of Jennie N. Trowbridge, Deceased, et al., Defendants; First-Stamford National Bank and Trust Co., of Stamford, Connecticut, as Administrator of the Estate of Gardiner Trowbridge, Deceased, et al., Respondents, and Katharine D. Trowbridge, Appellant. James A. Trowbridge, Jr., et al., as Surviving Trustees, Respondents, v. First-Stamford National Bank and Trust Co., of Stamford, Connecticut, as Administrator of the Estate of Gardiner Trowbridge, Deceased, et al., Respondents; Katharine D. Trowbridge, Appellant, et al., Defendants.
    Argued April 9, 1945;
    decided May 17, 1945.

      John F. Dooling, Jr., and Marjorie J. Conklin for appellant.

      Albert B. Maginnes and William E. Jackson, Jr., for James A. Trowbridge and another, as surviving trustees, plaintiffs, respondents.

      Joseph Sawyer and Charles E. Murphy, as guardian ad litem for Peter Trowbridge, an infant, defendant, respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Anthony Servidone, Respondent, v. Bessie M. Hirschmann et al., Appellants.
    Argued April 4, 1945;
    decided May 17, 1945.

      Harry M. Schaffer for appellants.

      Owen D. Connolly and M. L. Filley for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Mary Korutz et al., Respondents, v. Central Market, Inc., Appellant.
    Submitted April 5, 1945;
    decided May 17, 1945.

      Harold W. Turner and Arthur J. Murphy for appellant.

      M. James Conboy, J. Stanley Carter, Benjamin Ungerman and Morton M. Z. Lynn for respondents.
   Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of the City of New York, Acting on Behalf of the New York City Housing Authority, Respondent, Relative to Acquiring Title to Real Property Situated in an Area Bounded by Prince Street and Other Streets and Avenues in the Borough of Brooklyn, Pursuant to a Plan Determined upon by Said Housing Authority (Fort Greene Houses). Arthur J. Levine, Appellant.
    Argued April 5, 1945;
    decided May 17, 1945.

      George Schenker for appellant.

      Ignatius M. Wilkinson, Corporation Counsel (Benjamin Offner and Julius Isaacs of counsel), for respondent.
   Order affirmed, with costs; no opinion.

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


text:
    Hosinger & Bode, Inc., Appellant, v. Eleven Franklin Place, Inc., et al., Defendants, and L. Gale Hunter, Respondent.
    Argued April 6, 1945;
    decided May 17, 1945.

      John F. Finn, Jr., and Leon Engelsberg for appellant.

      William E. Vogel for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    812 Park Ave. Corporation, Respondent, v. Regina P. Pescara, Appellant.
    Argued April 10, 1945;
    decided May 17, 1945.

      Samuel Weinreb for appellant.

      A. Hayne de Yampert for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of William C. Hanning et al., Respondents, against Harry W. Marsh et al., Constituting the Municipal Civil Service Commission of the City of New York, et al., Appellants.
    Argued April 2, 1945;
    decided May 17, 1945.

      Ignatius M. Wilkinson, Corporation Counsel (Morris Shapiro and James Hall Prothero of counsel), for appellants.

      Reuben Weinberg and Harold S. Kohn for respondents.
   Order affirmed, with costs; no opinion.

Concur: Loughran, Lewis, Conway and Desmond, JJ. Lehman, Ch. J., Thacher and Dye, JJ., dissent in part for the reasons stated by Mr. Justice Untermyer in the Appellate Division. [268 App. Div. 756.]


text:
    In the Matter of the City of New York, Respondent, Relative to Acquiring a Temporary Easement with Respect to Certain Property in the Borough of Brooklyn Required by the New York City Tunnel Authority for the Brooklyn-Battery Tunnel. Fiorenza Venda et al., Appellants. (Proceeding No. 2.)
    Argued April 5, 1945;
    decided May 17, 1945.

      George Schenker, Anthony Romano and Patrick J. Grace, Jr., for Fiorenza Venda and another, appellants.

      Joseph P. Imperato and Daniel McNamara for Elizabeth De Mairo and another, appellants.

      Ignatius M. Wilkinson, Corporation Counsel (Benjamin Offner and Julius Isaacs of counsel), for respondent.
   Order affirmed, without costs; no opinion.

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


text:
    In the Matter of the Claims of Marie S. O’Donnell et al., Respondents, against Ellerman & Bucknall Steamship Company, Ltd., et al., Appellants. State Industrial Board, Respondent.
    Argued April 6, 1945;
    decided May 17, 1945.

      John M. Aherne for appellants.

      Nathaniel L. Goldstein, Attorney-General (Roy Weidersum and Orrin G. Judd of counsel), for respondent.
   Order affirmed, with costs; no opinion.

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


text:
    The People of the State of New York, Respondent, v. Harry C. Cooper and Mary Tosti, Appellants.
    Argued April 10, 1945;
    decided May 17, 1945.

      George Morton Levy for appellants.

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

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


text:
    Martin A. Otto, Respondent, v. Lincoln Savings Bank of Brooklyn, Appellant.
    Argued April 2, 1945;
    decided May 17, 1945.

      Frederick Weisbrod for appellant.

      Edward J. Bausch for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Dorothy E. Mackenzie, Appellant, v. Louis F. Rothschild et al., Doing Business under the Firm Name of Louis F. Rothschild & Company, Respondents.
    Argued April 3, 1945;
    decided May 17, 1945.

      Sidney Squire and Daniel G. Connolly for appellant.

      Sam L. Cohen for respondents.
   Judgment of the Appellate Division modified by reversing so much thereof as granted the motion of the defendants for summary judgment upon the first cause of action, and as to that cause of action motion denied upon the ground that the issues can be composed only by a trial; and as so modified, judgment affirmed, with costs to the appellant in this court. No opinion.

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


text:
    Hallbrett Realty Corporation, Landlord, Respondent, v. Chase National Bank of the City of New York, Tenant, Appellant.
    Argued April 5, 1945;
    decided May 17, 1945.

      Rudolf B. Schlesinger and Samuel Ross Ballin for appellant.

      Jerome T. Nolan and John W. Hannon for respondent.
   Order affirmed, with costs; no opinion.

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


text:
    Filomena Caulfield, as Administratrix of the Estate of Thomas J. Caulfield, Deceased, Respondent, v. Elmhurst Contracting Company, Appellant.
    Argued April 10, 1945;
    decided May 17, 1945.

      Walter L. Glenney for appellant.

      James I. Cuff for respondent.
   Order affirmed, with costs. Question certified answered in the negative. No opinion.

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


text:
    Henry Barkmann et al., Appellants, v. Town of Hempstead et al., Respondents.
    Argued April 5, 1945;
    decided May 17, 1945.

      Leon Lang for appellants.

      George R. Brennan for respondents.
   Judgment affirmed, with costs; no opinion.

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


text:
    John B. Mairs et al., Appellants, v. Allan C. Stevens et al., as Successor Trustees of a Certain Mortgage Guaranteed by Westchester Title and Trust Company, et al., Respondents.
    Argued April 10, 1945;
    decided May 17, 1945.

      William C. Young for appellants.

      Thomas F. S. Connolly for David J. Kelly, Jr., and another, respondents.

      Frederick B. Van Kleeck, Jr., for Allan C. Stevens and others, as successor trustees, respondents.
   Judgment affirmed, with costs; no opinion.

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


text:
    Robert I. Buchholz, Respondent, v. United States Fire Insurance Company, Appellant.
    Submitted April 20, 1945;
    decided May 17, 1945.

      David A. Ticktin for motion.

      Benj. Shiverts opposed.
   Motion dismissed, with $10 costs and necessary printing disbursements on the ground that the order does not finally determine the action within the meaning of the Constitution.


text:
    Brighton Operating Corp., Respondent, v. P. Walker Morrison et al., as Trustees, Appellants.
    Submitted May 14, 1945;
    decided May 17, 1945.

      Isaac Ellman for motion.

      Davis L. Weissman opposed.
   Motion granted and appeal dismissed, with costs and $10 costs of motion, on the ground that we do not regard the constitutional question as substantial since it has been twice decided by this court.


text:
    The People of the State of New York, Respondent, v. Morris Malinski and Sidney Rudish, Appellants.
    Submitted May 14, 1945;
    decided May 17, 1945.
   Motion by appellant Sidney Rudish for reargument granted. Case set down for argument during week of June 4, 1945. [See 292 N. Y. 360.]


text:
    Walker J. Burns, Individually and as Administrator of the Estate of Mildred T. Burns, Deceased, Respondent, v. John G. Turnbull et al., Appellants, et al., Defendants.
    Argued May 14, 1945;
    decided May 17, 1945.

      Dudley C. Smith and Arthur T. Schmidt for motion.

      John G. Turnbull opposed.
   Motion denied, with $10 costs.


text:
    In the Matter of the Accounting of Hilda R. Gilman, as Administratrix of the Estate of Cyrus Rheims, Deceased, Guardian of Roslyn Feldmann, an Infant, Appellant and Respondent. Roslyn Feldmann (Former Infant), Respondent and Appellant.
    Submitted May 14, 1945;
    decided May 17, 1945.
   Motion for order directing respondent-appellant to include in the record on appeal the cross notice of appeal, granted on condition that the applicant undertakes to pay one half the cost of printing the record in this court and files an undertaking" on appeal; otherwise, denied with $10 costs.


text:
    In the Matter of Madison Avenue Offices, Inc., Appellant, against Rollin Browne, et al., Constituting the State Tax Commission, Respondents.
    Argued April 10, 1945;
    decided May 24, 1945.

      Harold J. Treanor and Morway Picket for appellant.

      Nathaniel L. Goldstein, Attorney-General (Wendell P. Brown and Orrin G. Judd of counsel), for respondents.
   Order affirmed, with costs. The challenge of the validity of the statute and of the determination of the State Tax Commission under the Constitution of the United States is based on the same grounds as the challenge in Matter of MacDonald v. Browne (294 N. Y. 263), decided herewith. The court has necessarily considered and determined the constitutional questions raised by the appellant. No opinion.

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


text:
    Christie Ricciardi, Respondent, v. American Export Lines, Inc., Appellant.
    Argued April 10, 1945;
    decided May 24, 1945.

      Edward Ash and Joseph M. Meehan for appellant.

      Dora Aberlin and Paul O’Dwyer for respondent.
   Order affirmed, with costs. Questions certified answered in the negative. No opinion.

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


text:
    Morris Friedman, as Administrator of the Estate of Herbert Friedman, Deceased, Appellant, v. City of New York, Respondent.
    Argued April 12, 1945;
    decided May 24, 1945.

      Emil K. Ellis, Jonas Ellis and Judd L. Beckoff for appellant.

      Ignatius M. Wilkinson, Corporation Counsel (Murray Sendler of counsel), for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Ticonderoga Grange No. 1130, Patrons of Husbandry, et al., Respondents, v. Clinton County New York Patrons Fire Relief Association, Appellant.
    Argued April 17, 1945;
    decided May 24, 1945.

      Robert S. Long for appellant.

      C. E. Fitzgerald and W. W. Bullis for respondents.
   Judgment affirmed, with costs; no opinion.

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


text:
    Vito Lobello, Respondent, v. City of New York et al., Appellants and Respondents, and Frank Ceva & Sons, Inc., Impleaded Defendant-Appellant and Respondent.
    Argued April 19, 1945;
    decided May 24, 1945.

      Ignatius M. Wilkinson, Corporation Counsel (Murray Sendler of counsel), for City of New York, defendant-appellant and respondent.

      James J. McLoughlin, Julius S. Christensen and Thomas F. Harrigan for Manufacturers Trust Company, defendant-appellant and respondent.

      Joseph F. Hanley and John W. Trapp for Frank Ceva & Sons, Inc., defendant-appellant and respondent.

      Leonard Acker, Bernard Pizzitola and Frank N. Percaccia for plaintiff-respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Mollie Eagle, Appellant, v. Benjamin Cherney et al., Respondents.
    Argued April 12, 1945;
    decided May 24, 1945.

      Lewis F. X. Cotignola, William C. Goodson and Louis E. Silvey for appellant.

      Lawrence Levine for respondents.
   Judgment affirmed, with costs; no opinion. [See 294 N. Y. 980.]

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


text:
    The People of the State of New York ex rel. Solomon Massarsky, Appellant, against William A. Adams, as Warden of the City Prison of the City of New York, Respondent.
    Argued April 17, 1945;
    decided May 24, 1945.

      Myron J. Greene, Harry G. Anderson and Samuel Bader for appellant.

      Nathaniel L. Goldstein, Attorney-General (William F. McNulty, Orrin G. Judd, Saul A. Shames and John P. Powers of counsel), for respondent.
   Order affirmed; no opinion. [See 294 N. Y. 872.]

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


text:
    The People of the State of New York, Respondent, v. George Nikop, Appellant.
    Argued April 11, 1945;
    decided May 24, 1945.

      Henry A. Lowenberg for appellant.

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

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


text:
    John C. Bostelmann, Jr., Appellant, v. Sidney J. Rheinstein, Respondent
    Argued April 13, 1945;
    decided May 24, 1945.

      W. Earle Costello for appellant.

      Joseph Feinstein, Harold Davis and Henry Breckinridge for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    The People of the State of New York ex rel. Four Park Avenue Corporation, Appellant, against Joseph Lilly et al., Constituting the Tax Commission of the City of New York, Respondents.
    Argued April 17, 1945;
    decided May 24, 1945.

      Harry H. Chambers and Harry B. Chambers for appellant.

      Ignatius M. Wilkinson, Corporation Counsel (Meyer H. Mencher, Arthur H. Goldberg and Oscar L. Tucker of counsel), for respondents.
   Order affirmed, with costs; no opinion.

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


text:
    In the Matter of the Examination in Supplementary Proceedings of George C. Riley, Judgment-Debtor-Appellant. Gertrude M. Draper, Judgment-Creditor-Respondent.
    Submitted April 19, 1945;
    decided May 24, 1945.

      James O. Moore, Sr., and William G. Dargan for appellant. Ford White for respondent.
   Appeal dismissed, with costs, on the ground that the order appealed from does not finally determine the proceeding within the meaning of the Constitution. No opinion.

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


text:
    Ida Lebolt, Respondent, v. Morris Lebolt, Appellant.
    Argued April 19, 1945;
    decided May 24, 1945.

      Edward H. Moglin, Albert E. Schwartz and Alexander Rothstein for appellant.

      Joseph Schottland for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Thomas W. Lamont et al., Individually and as the International Committee of Bankers on Mexico, Respondents, v. Travelers Insurance Company et al., Respondents, and Louis S. Ottenheimer et al., Interveners, Respondents. The Government of the United States of Mexico, Appearing Specially, Appellant.
    Argued April 11, 1945;
    decided May 24, 1945.

      Jerome Sayles Hess and Frank M. Rashap for appellant appearing specially.

      Ralph M. Carson for plaintiffs, respondents.

      Mark Hyman, Eugene Untermyer, Hiram S. Gans, William J. Moran, Daniel W. Blumenthal, Frank R. Bruce, Abraham N. Davis, Rudolph E. Uhlman, William E. Haudek, David M. Berger, B. Leo Schwarz, Israel Beckhardt, George B. Tepper and Edward A. Kimmel for defendants, respondents.
   Judgment affirmed, with costs payable out of the fund. No opinion.

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


text:
    In the Matter of Samuel F. Berkon, Appellant, against Robert F. Mahoney, as Magistrate of the City of New York, Respondent.
    Argued April 16, 1945;
    decided May 24, 1945.

      I. Maurice Wormser and Samuel F. Berkon, in person, for appellant.

      Nathaniel L. Goldstein, Attorney-General (John P. Powers, Orrin G. Judd, William F. McNulty and Saul A. Shames of counsel), for respondent.
   Order affirmed, without costs; no opinion.

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


text:
    In the Matter of Julius S. Moskowitz et al., Respondents, against Fiorello H. La Guardia et al., Constituting the Board of Estimate of the City of New York, et al., Appellants.
    Argued April 17, 1945;
    decided May 24, 1945.

      Ignatius M. Wilkinson, Corporation Counsel (Francis A. Fullam, Jr., and James Hall Prothero of counsel), for appellants.

      Neil M. Lieblich for respondents.
   Order affirmed, with costs; no opinion.

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


text:
    Henri Plessner, Respondent, v. Continental Casualty Company, Appellant.
    Submitted April 19, 1945;
    decided May 24, 1945.

      Borris M. Komar for appellant.

      Herman S. Axelrod for respondent.
   Appeal dismissed, with costs, on the ground that the judgment appealed from does not finally determine the action within the meaning of the Constitution. No opinion.

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


text:
    The People of the State of New York, Respondent, v. Daniel Wirtschafter, Appellant.
    Argued April 17, 1945;
    decided May 24, 1945.

      Mordecai Konowitz and Abraham J. Gellinoff for appellant.

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

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


text:
    The People of the State of New York ex rel. John F. Voelkel et al., as Surviving Executors of Emil Bommer, Deceased, Appellant, against Rollin Browne et al., Constituting the State Tax Commission, Respondents.
    Argued April 20, 1945;
    decided May 24, 1945.

      Charles A. Kussmaul and Carl S. Heidenreich for appellants.

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

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


text:
    Tanenbaum Company, Sprinkler Contracts, Inc., Appellant and Respondent, v. Sixth Avenue Twenty-Third Street Corporation, Respondent and Appellant.
    Argued April 16, 1945;
    decided May 24, 1945.

      Mayer L. Halff for plaintiff-appellant and respondent.

      Monroe Goldwater, Maer I. Levey and A. Loeb Salkin for defendant-respondent and appellant.
   Judgment affirmed, without costs; no opinion.

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


text:
    Alice J. Fink, an Infant, by John R. Fink, Her Guardian ad Litem, et al., Respondents, v. Jack W. Thompson, Appellant, et al., Defendants.
    Submitted May 14, 1945;
    decided May 24, 1945.

      David S. Hill, Jr., upon special appearance, for motion.

      Charles A. Gill opposed.
   Motion dismissed, with $10 costs and necessary printing disbursements on the ground that the order does not finally determine the action within the meaning of the Constitution.


text:
    The People of the State of New York ex rel. W. Kintzing Post et al., as Trustees under the Will of Mary M. Jones, Deceased, Appellants, against William S. Miller et al., as Tax Commissioners of the City of New York, Respondents. Bank for Savings in the City of New York, Respondent. The People of the State of New York ex rel. W. Kintzing Post et al., as Trustees under the Will of Mary M. Jones, Deceased, Appellants, against William S. Miller et al., as Tax Commissioners of the City of New York, Respondents. Bank for Savings in the City of New York, Respondent. The People of the State of New York ex rel. James H. Sharp, as Committee, Relators, against William S. Miller et al., as Tax Commissioners of the City of New York, Respondents.
    (Assessment for 1934)
    (Assessment for 1935)
    (Assessment for 1937)
    Submitted May 14, 1945;
    decided May 24, 1945.

      Julian S. Bush and Leon R. Jillson for motion.

      Louise E. Abbott opposed.
   Motion dismissed, with $10 costs and necessary printing disbursements on the ground that the orders do not finally determine the proceedings within the meaning of the Constitution.


text:
    Mallary, Inc., Individually, and on Behalf of All Other Persons Similarly Situated, Appellant, v. City of New Rochelle, Respondent. (Action No. 2.)
    Submitted May 14, 1945;
    decided May 24, 1945.

      Irving A. Rubin for motion.

      Aaron Simmons, Corporation Counsel (John A. Bodmer of counsel), opposed.
   Motion denied, with $10 costs and necessary printing disbursements on the ground that an appeal lies as of right.


text:
    In the Matter of Armand Schmoll, Inc., Appellant, against Federal Reserve Bank of New York, Respondent.
    Submitted May 14, 1945;
    decided May 24, 1945.
   Motion by appellant for reargument denied, with $10 costs and necessary printing disbursements. [See 286 N. Y. 503.]


text:
    Samuel R. Shielcrawt et al., Suing on Behalf of Themselves and All Other Stockholders of Corn Products Refining Company, and on Behalf of Corn Products Refining Company, Appellants, v. George M. Moffett et al., Defendants, and Corn Products Refining Company, Respondent.
    Submitted May 14, 1945;
    decided May 24, 1945.
   Motion by defendant-respondent for reargument denied, with $10 costs and necessary printing disbursements. [See 294 N. Y. 180.]


text:
    Aura Baldwin, as Administratrix of the Estate of Charles H. Wiltsie, Appellant, v. L. R. Powell, Jr., et al., as Receivers of Seaboard Air Line Railway, Respondents.
    Submitted May 14, 1945;
    decided May 24, 1945.
   Motion by appellant for reargument denied, with $10 costs and necessary printing disbursements. [See 294 N. Y. 130.]


text:
    Fred Linton, Appellant, v. Perry Knitting Company, Respondent.
    Submitted May 21, 1945;
    decided May 24, 1945.

      Casper V. Baltensperger for motion.

      William L. Clay opposed.
   Motion granted and appeal dismissed, with costs and $10 costs of motion unless appellant serves and files an undertaking and pays $10 costs within ten days, in which event the motion is denied.


text:
    Joseph Mandell, Individually and as Administrator of the Estate of Angeline Mandell, Deceased, Appellant, v. George A. Robinson, Doing Business under the Name of Rochester Fireworks Company, Respondent, et al., Defendants.
    Submitted May 21, 1945;
    decided May 24, 1945.

      Casper V. Baltensperger for motion.
    No one opposed.
   Motion granted and appeal dismissed, with costs, and $10 costs of motion, unless within ten days the plaintiff files and serves an undertaking or obtains a certification that a constitutional question is involved, and pays $10 costs, in which event the motion is denied.


text:
    Eliot D. Pratt, a Taxpayer of the City of New York, Appellant, v. Fiorello H. La Guardia, as Mayor of the City of New York, et al., Respondents.
    Submitted May 21, 1945;
    decided May 24, 1945.

      Churchill Rodgers and Samuel Seabury for Metropolitan Life Insurance Company and another, respondents, and Ignatius M. Wilkinson, Corporation Counsel, for City of New York and others, respondents, in support of motion.

      Edward Weinfeld, Charles Abrams, Shirley Adelson and Henry Epstein opposed.
   Motion granted and appeal dismissed, with costs and $10 costs of motion.


text:
    Isaak Rubinstein et al., on Behalf of Themselves and Others, Appellants, v. Jamaica National Bank of New York et al., Respondents.
    Submitted May 21, 1945;
    decided May 24, 1945.
   Motion to amend remittitur granted. Return of remittitur requested and when returned it will be amended so as to add after the word costs ” the words “ to the defendant-respondent, The Jamaica National Bank of New York.” [See 294 N. Y. 727.]


text:
    Dora Guinane et al., Appellants, v. Wade H. Becker, Doing Business as Becker Warehouse Co., et al., Respondents.
    Submitted May 21, 1945;
    decided June 5, 1945.

      Richards W. Hannah for motion.

      Joseph C. Thomson opposed.
   Motion denied. Leave is granted to the plaintiffs to prosecute the appeal upon the printed copies of the record available to appellants.


text:
    Alice MacDonald, as Administratrix of the Estate of May Johnston, Deceased, Respondent, v. City of Beacon, Appellant.
    Submitted May 21, 1945;
    decided June 7, 1945.

      Vincent D. Stearns for motion.

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


text:
    Warner D. Orvis et al., Copartners Doing Business as Orvis Brothers & Company, Appellants, v. Elliott V. Bell, Superintendent of Banks of the State of New York, as Liquidator of the New York Branch of Mitsui Bank, Ltd., Respondent.
    Argued May 14, 1945;
    decided June 14, 1945.

      Donald Marks for appellants.

      Edward Feldman, Julian A. Ronan and Samuel Bader for respondent.
   Judgment affirmed, with costs; no opinion. [See 294 N. Y. 964.]

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


text:
    Farlou Realty Corporation et al., Appellants, v. Woodsam Associates, Inc., Respondent.
    Argued May 15, 1945;
    decided June 14, 1945.

      Edward R. Finch, J. Norman Lewis, James P. Durante and George M. Welch for appellants.

      John Kadel and Bernard Trencher for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Delavan Home and Land Company, Inc., Appellant, v. County of Erie, Respondent, et al., Defendants.
    Argued May 17, 1945;
    decided June 14, 1945.

      Joseph A. Wechter for appellant.

      Ralph A. Lehr, County Attorney (Maurice J. Rumizen of counsel), for respondent.
   Judgment affirmed, with costs. A question under the Constitution of the United States was presented and necessarily passed upon. The appellant contended that the Erie County Tax Act, chapter 812 of the Laws of 1942, as amended by chapter 562 of the Laws of 1943, and by chapter 789 of the Laws of 1944, is in contravention of the Fourteenth Amendment of the Constitution of the United States. This court held that the act in question is not in contravention of the Fourteenth Amendment of the- Constitution of the United States. No opinion.

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


text:
    County of Nassau, Respondent, v. Day Hardie et al., Defendants, and Intercounty Operating Corporation et al., Appellants.
    Argued May 14, 1945;
    decided June 14, 1945.

      Morris Rochman and Charles H. Stoll for appellants.

      Eugene R. Hurley for respondent.
   Judgment affirmed, with costs; no opinion. [See 294 N. Y. 963.]

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


text:
    Grace E. Connolly, Respondent, v. Timothy Curry et al., Defendants, and Intercounty Operating Corporation, Appellant.
    Argued May 14, 1945;
    decided June 14, 1945.

      Morris Rochman and Charles H. Stoll for appellant.

      Eugene R. Hurley for respondent.
   Judgment affirmed, with costs; no opinion. [See 294 N. Y. 963.]

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


text:
    Astor Garage Corporation, Appellant, v. Estate of James Rozell, Inc., Respondent, et al., Defendants.
    Argued May 15, 1945;
    decided June 14, 1945.

      Edward R. Finch, Edward Gettinger, Samuel W. Sherman and George M. Welch for appellant.

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

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


text:
    In the Matter of the Application of New York County Lawyers’ Association, Respondent; Ola C. Cool, Doing Business under the Name of Labor Relations Institute, Appellant.
    Argued May 17, 1945;
    decided June 14, 1945.

      Lazarus Joseph, Jacob S. Demov, Isaac Ben Greenman, Charles L. Grad and Louis C. Paley for appellant.

      A. Lincoln Lavine, Edwin M. Otterbourg, Stanley H. Schindler and George R. Adams for respondent.
   Order affirmed, with costs. Question certified answered in the negative. We are of opinion that the petition states facts sufficient to constitute a cause of action. Accordingly, we do not reach the question whether injunctive relief may be granted. No opinion.

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


text:
    In the Matter of an Arbitration Between Lillian Luttinger, Respondent, and Frederick S. Luttinger, Appellant.
    Argued May 14, 1945;
    decided June 14, 1945.

      Alfred Feingold and Aloysius C. Falussy for appellant.

      Albert L. Wigor and Joseph V. Farinella for respondent.
   Order affirmed, with costs; no opinion. •

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


text:
    Russell B. Malcolm, Appellant, v. Maurice C. Vedder, Respondent.
    Argued May 15, 1945;
    decided June 14, 1945.

      Raymond M. Bush for appellant.

      Oscar J. Brown for respondent.
   Judgment affirmed; no opinion.

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


text:
    The People of the State of New York ex rel. Lawrence Rensing, Appellant, against Vernon A. Morhous, as Warden of Great Meadow Prison, Respondent.
    Submitted May 17, 1945;
    decided June 14, 1945.

      Lawrence Rensing, appellant in person.

      Nathaniel L. Goldstein, Attorney-General (George A. Radz, Orrin G. Judd and Patrick H. Clune of counsel), for respondent.
   Order affirmed; no opinion.

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


text:
    Leopold Mannaberg, Appellant, v. Siegfried Klausner et al., Respondents.
    Argued May 14, 1945;
    decided June 14, 1945.

      Jack Korshin for appellant.

      Gustave B. Garfield for respondent.
   Order affirmed, with costs. Question certified answered in the affirmative. No opinion.

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


text:
    Edward D. Agostini et al., Doing Business under the Name of Agostini Brothers, Appellants, v. State of New York, Respondent.
    (Claim No. 23237.)
    Argued May 16, 1945;
    decided June 14, 1945.

      Edward Lazansky and Benjamin Jaffe for appellants.

      Nathaniel L. Goldstein, Attorney-General (Orrin G. Judd, James G. Austin and Saul A. Shames of counsel), for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Florence M. Franklin et al., Individually, and as Executors of Jacob Wicks, Deceased, et al., Appellants, v. Incorporated Village of Floral Park, Respondent.
    Argued May 18, 1945;
    decided June 14, 1945.

      Alfred J. Loew, Jerome Weinstein and Raymond J. Horowitz for appellants.

      Paxton Blair for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of the Arbitration between Samuel Paris, Appellant, and Harold Herman et al., Respondents, and Others.
    Argued May 14, 1945;
    decided June 14, 1945.

      Harry Hoffman and William J. Cohen for appellant.

      Jacob W. Friedman and Jesse Safir for respondents.
   Order affirmed, with costs; no opinion.

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


text:
    In the Matter of Irving Lanzer, Appellant, against Frederick A. Moran et al., Constituting the Board of Parole in the Executive Department of the State of New York, et al., Respondents.
    Argued May 17, 1945;
    decided June 14, 1945.

      Seymour Georges Mackler and Harvey Kay Mackler for appellant.

      Nathaniel L. Goldstein, Attorney-General (Herman F. Nehlsen and Orrin G. Judd of counsel), for respondents.
   Order affirmed, without costs; no opinion.

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


text:
    In the Matter of Strand Billiard Academy, Inc., Appellant, against Paul Moss, as Commissioner of Licenses of the City of New York, Respondent.
    Argued May 14, 1945;
    decided June 14, 1945.

      Jacob Goldsmith for appellant.

      Ignatius M. Wilkinson, Corporation Counsel (Richard L. Baltimore, Jr., and James Hall Prothero of counsel), for respondent.
   Order affirmed, with costs; no opinion.

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


text:
    In the Matter of the Accounting of Friend L. Tuttle et al., as Executors of Perry J. Fuller, Deceased. Friend L. Tuttle, Appellant and Respondent; Charles H. Douglas, Individually and as Executor of Emma F. Douglas, Deceased et al., Respondents and Appellants.
    Argued May 16, 1945;
    decided June 14, 1945.

      Richard Steel for Friend L. Tuttle, appellant and respondent.

      Walter H. Young for Charles H. Douglas, individually and as executor of Emma F. Douglas, deceased, and others, respondents and appellants.
   Order affirmed, without costs; no opinion.

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


text:
    In the Matter of Vincent G. Calfapietra, Appellant, against Patrick Walsh, as Commissioner of the Fire Department of the City of New York, et al., Respondents.
    Argued May 17, 1945;
    decided June 14, 1945.

      Matthew Silverman for appellant.

      Ignatius M. Wilkinson, Corporation Counsel (Charles C. Weinstein of counsel), for respondents.
   Order affirmed, without costs; no opinion.

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


text:
    The People of the State of New York ex rel. Ruth Patterson, Appellants, against Board of Education of the City of Syracuse et al., Respondents.
    Submitted June 4, 1945;
    decided June 14, 1945.

      Ruth Patterson, in person, for motions.
    No one opposed.
   Motion for leave to appeal denied on the ground that an appeal lies as of right.

Motion to prosecute appeal on typewritten papers and for a stay granted.


text:
    Bradley Delehanty, as Surviving Trustee for Certificate Holders of Guarantee No. 171038 of Bond and Mortgage Guarantee Company, Respondent, v. Eugene R. Hurley et al., Defendants, and County of Nassau, Appellant.
    Submitted June 4, 1945;
    decided June 14, 1945.

      Marcus G. Christ, County Attorney (G. Burchard Smith of counsel), for motion.

      Fred L. Gross opposed.
   Motion denied, with $10 costs and necessary printing disbursements on the ground that an appeal lies as of right.


text:
    In the Matter of Joseph S. Somberg, Appellant, against Frieda S. Miller, as Industrial Commissioner of the State of New York, Respondent.
    Submitted June 4, 1945;
    decided June 14, 1945.

      Nathaniel L. Goldstein, Attorney-General (Isaac Frank of counsel), for motion.
    No one opposed.
   Motion granted and appeal dismissed, with costs, and $10 costs of motion.


text:
    The People of the State of New York ex rel. Solomon Massarsky, Appellant, against William A. Adams, as Warden of the City Prison of the City of New York, Respondent.
    Submitted June 4, 1945;
    decided June 14, 1945.
   Motion by appellant to amend remittitur denied. [See 294 N. Y. 819.]


text:
    Sigurd Revheim et al., Appellants and Respondents, v. Samuel B. Shankman et al., Respondents and Appellants.
    Submitted June 4, 1945;
    decided June 14, 1945.
   Motion by defendants-respondents and appellants to amend remittitur granted. Return of remittitur requested and when returned amended to read as follows: Judgment, insofar as appealed from by plaintiff affirmed; and judgment, insofar as appealed from by defendants reversed and the supplemental complaint dismissed on the merits, with costs in all courts to the defendants, on the ground that the executory accord was invalid under section 33-a, subdivision 2, of the Personal Property Law and that there was no breach of the agreement alleged in the original complaint and restitution to the defendants of all property and rights lost by means of the judgment rendered in favor of the plaintiffs granted and matter remitted to the Supreme Court to make such orders and to issue such process or mandates as may be necessary or appropriate to effect such restitution. [See 293 N. Y. 850.]


text:
    Agricultural Insurance Company et al., Appellants, v. Elmhurst Contracting Co., Inc., Respondent, et al., Defendants.
    Argued April 17, 1945;
    decided July 19, 1945.

      The following questions were certified:
    “ 1. May the defendant, Elmhurst Contracting Co., Inc., in this action for a declaratory judgment, interpose counterclaims against the plaintiffs?
    “ 2. May the defendant, Elmhurst Contracting Co., Inc., in this action for a declaratory judgment, interpose the pleading asserted against the impleaded defendant, Alan H. Bonito & Co., Inc., and make said impleaded defendant a party to this action? ”

      David A. Ticktin and James B. Wigdor for appellants.

      Clarence F. Corner and Gilbert F. Regan for respondent.
   Order affirmed, with costs. First and second questions certified answered in the affirmative. No opinion.

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


text:
    Agricultural Insurance Company et al., Plaintiffs, v. Elmhurst Contracting Co., Inc., Respondent, and Alan H. Bonito & Co., Inc., Impleaded Defendant-Appellant.
    Submitted April 17, 1945;
    decided July 19, 1945.

      The following questions were certified:
    “ 1. May the defendant, pursuant to Section 271 of the Civil Practice Act, assert alternative counterclaim, as was pleaded in its amended answer herein, against the impleaded defendant, Alan H. Bonito & Co. Inc.?
    “ 2. May the defendant, pursuant to Section 271 of the Civil Practice Act, assert different and distinct counterclaim, as was pleaded in its amended answer herein, against the impleaded defendant, Alan H. Bonito & Co. Inc., from the counterclaims interposed against the plaintiffs herein?

      “ 3. Does counterclaim asserted by the defendant against the impleaded defendant, Alan H. Bonito & Co. Inc., in its amended answer herein, raise questions between the defendant and the plaintiffs ‘ along with ’ the impleaded defendant, Alan H. Bonito & Co. Inc., within purview of Section 271 of the Civil Practice Act? ”

      Henry H. Shepard for appellant.

      Clarence F. Corner and Gilbert F. Regan for respondent.
   Order affirmed, with costs. First and third questions certified answered in the affirmative. Second question certified not answered. No opinion.

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


text:
    In the Matter of the City of New York, Appellant, against Oscar Kullmann et al., Respondents, et al., Defendants.
    Argued April 18, 1945;
    decided July 19, 1945.

      Ignatius M. Wilkinson, Corporation Counsel (Morris Shapiro of counsel), for appellant.

      Paxton Blair and Edward M. Edenbaum for respondents.
   Order affirmed, with costs, without prejudice to a new application by the City of New York to compel the retirement of respondent Kullmann, in accordance with the decision of this court in Matter of City of New York v. Schoeck (294 N. Y. 559) decided herewith, if respondent Kullmann is found to be disqualified for duty upon a new examination before a special medical board, as directed in Matter of Kullmann v. Walsh (294 N. Y. 557) decided herewith. No opinion.

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


text:
    In the Matter of the City of New York, Appellant, against Stephen Mack et al., Respondents, et al., Defendants.
    Argued April 18, 1945;
    decided July 19, 1945.

      Ignatius M. Wilkinson, Corporation Counsel (Morris Shapiro of counsel), for appellant.

      David A. Ferdinand and Harold L. Strauss for Stephen Mack, respondent.

      Paxton Blair and Edward M. Edenbaum for Vincent J. Kane, and others, respondents.
   Order affirmed, with costs, without prejudice to a new application by the City of New York to compel the retirement of respondent Mack, in accordance with the decision of this court in Matter of City of New York v. Schoeck (294 N. Y. 559) decided herewith, if respondent Mack is found to be disqualified for duty upon a new examination before a special medical board, as directed in Matter of Mack v. Walsh (294 N. Y. 554) decided herewith. No opinion.

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


text:
    General Aniline & Film Corporation, Respondent, v. Advance Solvents & Chemical Corporation, Appellant.
    Argued April 19, 1945;
    decided July 19, 1945.

      Edward B. Finch, George M. Welch and Cornelius P. Cotter for appellant.

      T. F. Davies Haines for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of W. L. Maxson Corporation, Respondent, against Henry W. Ralph, as Register of the City of New York, Appellant.
    Argued May 23, 1945;
    decided July 19, 1945.

      Ignatius M. Wilkinson, Corporation Counsel (William J. Fleming of counsel), for appellant.

      John Logan O’Donnell for respondent.
   Order affirmed, with costs; no opinion.

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


text:
    The People of the State of New York, Respondent, v. Samuel J. Van Kleeck, Appellant.
    Argued May 25, 1945;
    decided July 19, 1945.

      William A. Kaercher for appellant.

      N. Le Van Haver, District Attorney (Vincent G. Connelly of counsel), for respondent. .
   Judgment affirmed; no opinion.

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


text:
    Security Trust Company of Rochester, as Committee of the Person and Estate of John C. Keeley, an Incompetent Person, Respondent, v. Pennsylvania Railroad Company et al., Appellants, and Jeffrey Manufacturing Company, Respondent.
    Argued June 4, 1945;
    decided July 19, 1945.

      The following question was certified:

      “ Did this Court err, as matter of law, in making its order of December 29, 1944? ”

      Harold J. Adams for the Pennsylvania Railroad Company, appellant.

      Melvin H. Zurett for Symington Gould Corporation, appellant.

      Arthur VD. Chamberlain for respondent.
   Order affirmed, with costs. Question certified answered in the negative. No opinion.

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


text:
    Wadlef Realty, Inc., Appellant, v. Manhattan Life Insurance Company, Respondent.
    Argued June 5, 1945;
    decided July 19, 1945.

      Leo E. Sherman for appellant.

      Nanette Dembitz and Alfred Berman for Equitable Estates, Inc., amicus eurice, in support of appellant’s position.

      John J. Cunneen and Philip J. Ross for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of Fannie F. Silverman, on Behalf of Herself and All Other Bondholders and Stockholders of Master Printers Building Operating Corporation, Similarly Situated, Appellant, against Oliver P. Alford et al., Individually and as Directors and Officers of Master Printers Building Operating Corporation, et al., Respondents.
    Argued June 6, 1945;
    decided July 19, 1945.

      Jacob Greenwald and Bernard M. Rosen for appellant.

      Robert H. O’Brien, Horace J. McAfee and Marshall A. Jacobs for Howard Peterson and others, respondents.

      David S. Galton and George Pollack for Master Printers Building Operating Corporation, respondent.
   Order affirmed, with costs; no opinion.

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


text:
    In the Matter of Queens-Nassau Transit Lines, Inc., Appellant, against Milo R. Maltbie et al., Constituting the Public Service Commission of the State of New York, Respondents.
    Argued June 11, 1945;
    decided July 19, 1945.

      Frederick Evan Crane, George H. Stover and Harold J. Cloutman for appellant.

      Jacob I. Goodstein for East Side Omnibus Corporation et al., amici curies, in support of appellant’s position.

      Boykin C. Wright for New York City Omnibus Corporation et al., amici curiæ, in support of appellant’s position.

      Walter R. Hart for Manhattan and Queens Bus Corporation et al., amici curice, in support of appellant’s position.

      Alfred E. Mudge, Henry R. Stern, A. M. Williams and William E. Tucker for Staten Island Coach Company, Inc., amicus curiæ, in support of appellant’s position.

      Philip Halpern and Philip Hodes for respondents.
   Order affirmed, with costs; no opinion.

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


text:
    Walker J. Burns, Individually and as Administrator of the Estate of Mildred T. Burns, Deceased, Respondent, v. John G. Turnbull et al., Appellants, et al., Defendants.
    Argued June 13, 1945;
    decided July 19, 1945.

      John G. Turnbull for appellant.

      Arthur T. Schmidt and Dudley C. Smith for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Ina F. Powell, Appellant and Respondent, v. Albert E. Powell, Respondent and Appellant.
    Argued May 21, 1945;
    decided July 19, 1945.

      James E. Cuff for plaintiff-appellant and respondent.

      Charles B. Bechtold for defendant-respondent and appellant.
   Judgment insofar as appealed from by defendant affirmed. Appeal by plaintiff dismissed on the ground that it presents no question that this court may review. No opinion.

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


text:
    Catherine Murphy, Respondent, v. Mollie Lifschitz et al., Appellants, et al., Defendants.
    Submitted May 23, 1945;
    decided July 19, 1945.

      A. Harry Weissman for appellants.

      Rachel B. Backer for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lehman, Ch. J., Lotjghran, Lewis, Conway, Desmond and Dye, JJ. Thacher, J., dissents and votes for modification of the judgment by reducing it to $234.71 upon the ground that there was no evidence that upon reasonable effort the goods sold could not have been procured at some price.


text:
    In the Matter of New York Life Insurance Company, Appellant. Frieda S. Miller, as Industrial Commissioner of the State of New York, Respondent. In the Matter of the Claims of Frank Goldstein et al., Respondents. New York Life Insurance Company, Appellant; Frieda S. Miller, as Industrial Commissioner, Respondent.
    Submitted May 24, 1945;
    decided July 19, 1945.

      Lee M. Gammill and Ferdinand H. Pease for appellant.

      Nathaniel L. Goldstein, Attorney-General (Francis R. Curran and Orrin G. Judd of counsel), for respondent.
   Order affirmed, with costs; no opinion.

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


text:
    In the Matter of the Claim of Marshall Payn, Claimant. Phoenix Mutual Life Insurance Company, Appellant; Frieda S. Miller, as Industrial Commissioner, Respondent.
    Submitted May 24, 1945;
    decided July 19, 1945.

      Leo G. Fritz and Herbert F. Garrick for appellant.

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

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


text:
    Herman Luke et al., Appellants, v. Victor Polstein et al., Respondents, et al., Defendants.
    (Appeal No. 1.)
    Argued May 25, 1945;
    decided July 19, 1945.

      Harry Dimin, Herman S. Bachrach and Clarence Q. Bachrach for appellants.

      Wolfe B. Charney for respondents.
   Judgment affirmed, with costs on the ground that the action was not commenced within the time limited (see Kalmanash v. Smith, 291 N. Y. 142). No opinion.

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


text:
    In the Matter of Hub Industries, Inc., Respondent. George Manufacturing Corp. et al., Appellants.
    Argued June 12, 1945;
    decided July 19, 1945.

      Sidney S. Allen for George Manufacturing Corp., appellant. Louis S. Posner for American Rediscount Corporation, appellant.

      Joseph Feinstein for respondent.
   Order affirmed, with costs; no opinion.

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


text:
    Marjorie Danzig, Respondent, v. County of Putnam, Appellant, et al., Defendants.
    Argued June 14, 1945;
    decided July 19, 1945.

      Bradford Klock, County Attorney (James Dempsey of counsel), for appellant.

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

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


text:
    Walter G. Keyser & Co., Inc., Appellant, v. Insurance Company of North America, of Philadelphia, Pennsylvania, Respondent.
    Argued May 17, 1945;
    decided July 19, 1945.

      Paxton Blair, Joseph Greenhill and Simon Greenhill for appellant.

      Frank Sowers and James H. Black for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of Emma M. Murtaugh, Appellant, against Teachers’ Retirement Board of the City of New York, Respondent.
    Argued May 21, 1945;
    decided July 19, 1945.

      Harry H. Chambers and Harry B. Chambers for appellant.

      Ignatius M. Wilkinson, Corporation Counsel (Edna Glassman, James Hall Prothero and Joseph G. De Vito of counsel), for respondent.
   Order affirmed, without costs; no opinion.

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


text:
    In the Matter of the Probate of the Will of Alexander G. Wilson, Deceased. Frances B. Hicks, Appellant; John Wilson et al., Respondents.
    Argued May 23, 1945;
    decided July 19, 1945.

      Daniel J. Madigan and Jay Raymond Levinson for appellant.

      Edward Lazansky and Ralph Stout for John Wilson and others, respondents.

      Charles G. Coster and Franklin G. Edwards for Victor L. Finan, as executor of Alexander G. Wilson, deceased, respondent.

      C. Joseph Danahy, as special guardian for unborn issue of Frances Bell Hicks and others.
   Order affirmed, with costs to all parties filing separate briefs ' payable out of the estate. No opinion.

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


text:
    Evelyn Frehe, an Infant, by Fred Frehe, Her Guardian ad Litem, Respondent, v. Fred Schildwachter, Appellant.
    Submitted May 25, 1945;
    decided July 19, 1945.

      The following questions were certified:
    “1. Is the Statute of Limitations a bar to the cause of action herein?
    “2. Is laches a bar to the cause of action herein? ”

      William G. Walsh for appellant.

      Benjamin H. Siff and Harold K. Baron for respondent.
   Order affirmed, with costs. Questions certified answered in the negative. No opinion.

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


text:
    In the Matter of Carter & Weekes Stevedoring Company, Respondent, against Joseph D. McGoldrick, as Comptroller of the City of New York, et al., Appellants.
    Argued June 4, 1945;
    decided July 19, 1945.

      Ignatius M. Wilkinson, Corporation Counsel (Edmund B. Hennefeld, Isaac C. Donner and Samuel J. Warms of counsel), for appellants.

      Samuel M. Lane and John H. Alexander for respondent.
   Order affirmed, with costs. A question under the Constitution of the United States was presented and necessarily passed upon. The appellant contended that local laws No. 22 of 1937, No. 20 of 1938, No. 103 of 1939 and No. 78 of 3940 adopted by the City of New York pursuant to chapter 873 of the Laws of 1934 of the State of New York, as amended, are not contrary to, or in violation of article I, section 8, clause 3 of the Constitution of the United States as applied to the taxing of receipts of the respondent from stevedoring operations. This court held to the contrary. No opinion.

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


text:
    In the Matter of John T. Clark & Son, Respondent, against Joseph D. McGoldrick, as Comptroller of the City of New York, et al., Appellants.
    Argued June 4, 1945;
    decided July 19, 1945.

      Ignatius M. Wilkinson, Corporation Counsel (Edmund B. Hennefeld, Isaac C. Donner and Samuel J. Warms of counsel), for appellants.

      Samuel M. Lane and John E. Alexander for respondent.
   Order affirmed, with costs. A question under the Constitution of the United States was presented and necessarily passed upon. The appellant contended that Local Laws No. 20 of 1938,' No. 103 of 1939, No. 78 of 1940 and No. 47 of 1941 adopted by the City of New York pursuant to chapter 873 of the Laws of 1934 of the State of New York, as amended, are not contrary to, or in violation of article I, section 8, clause 3 of the Constitution of the United States as applied to the taxing of receipts of the respondent from stevedoring operations. This court held to the contrary. No opinion.

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


text:
    Olga Shea, Appellant, v. Martin F. Shea et al., as Executors of William J. Shea, Deceased, Respondents.
    Argued June 11, 1945;
    decided July 19, 1945.

      Otto C. Sommerich, Elvin N. Edwards and John J. Delaney for appellant.

      Frederick Evan Crane and Thomas E. Shea for respondents.
   Judgments reversed and a new trial granted, with costs to the appellant to abide the event upon the grounds stated in the opinion of Mr. Justice Johnston in the Appellate Division; no opinion.

Concur: Lewis, Conway, Thacher and Dye, JJ. Lehman,. Ch. J., Loughran and Desmond, JJ., dissent and vote to affirm upon the grounds (1) that section 11 of the Domestic Relations Law makes invalid in New York State any such marriage between residents of this State as found by the courts below to have taken place between these parties outside this State; and (2) that on this record no common-law marriage between these parties was proven to have taken place anywhere.


text:
    In the Matter of General Transportation Casualty and Surety Company, Appellant, against Commissioner of Motor Vehicles of the State of New York, Respondent.
    Argued June 5, 1945;
    decided July 19, 1945.

      Joseph S. Catalano and Milton B. Ignatius for appellant.

      Nathaniel L. Goldstein, Attorney-General (John C. Crary, Jr., Orrin G. Judd and Wendell P. Brown of counsel), for respondent.
   Order affirmed, without costs; no opinion.

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


text:
    In the Matter of Manhattan Mutual Automobile Casualty Company, Inc., Appellant, against Clifford J. Fletcher, as Commissioner of Motor Vehicles of the State of New York, Respondent.
    Argued June 5, 1945;
    decided July 19, 1945.

      H. H. Nordlinger and Jacob I. Charney for appellant.

      Nathaniel L. Goldstein, Attorney-General (John C. Crary, Jr., Orrin G. Judd and Wendell P. Brown of counsel), for respondent.
   Order affirmed, without costs; no opinion.

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


text:
    In the Matter of Amalgamated Mutual Automobile Casualty Company, Appellant, against Clifford J. Fletcher, as Commissioner of Motor Vehicles of the State of New York, Respondent.
    Argued June 5, 1945;
    decided July 19, 1945.

      Thomas H. Simmons for appellant.

      Nathaniel L. Goldstein, Attorney-General (John C. Crary, Jr., Orrin G. Judd and Wendell P. Brown of counsel), for respondent.
   Order affirmed, without costs; no opinion.

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


text:
    In the Matter of Empire Mutual Casualty Company, Appellant, against Clifford J. Fletcher, as Commissioner of Motor Vehicles of the State of New York, Respondent.
    Argued June 5, 1945;
    decided July 19, 1945.

      Joseph J. Reville and Jerome Heffer for appellant.

      Nathaniel L. Goldstein, Attorney-General (John C. Crary, Jr., Orrin G. Judd and Wendell P. Brown of counsel), for respondent.
   Order affirmed, without costs; no opinion.

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


text:
    Queenside Hills Realty Co., Inc., Appellant, against William Wilson, as Commissioner of Housing and Buildings of the City of New York, Respondent.
    Argued June 13, 1945;
    decided July 19, 1945.

      George G. Lake for appellant.

      Ignatius M. Wilkinson, Corporation Counsel (Francis A. Fullam, Jr., and James Hall Prothero of counsel), for respondent.
   Judgment affirmed, with costs; no opinion. [See 295 N. Y. 567.]

Concur; Lehman, Ch. J., Loughran, Lewis, Conway, Desmond, Thacher and Dye, JJ.


text:
    Hilda B. Weber, Respondent, v. R. Simpson & Co., Inc., Appellant.
    Argued June 14, 1945;
    decided July 19, 1945.

      Edmond M. Hanrahan and Joseph W. McGovern for appellant.

      William Gilbert and Richard Talliesyn Davis for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    The People of the State of New York ex rel. Larchmont Manor Park Society, Respondent, against James M. Smith, as Assessor of the Town of Mamaroneck, et al., Appellants. The People of the State of New York ex rel. Larchmont Manor Park Society, Respondent, against Frank Barnes, Substituted in Place of Eugene C. Harding, Deceased, as Assessor of the Village of Larchmont, et al., Appellants.
    Argued May 21, 1945;
    decided July 19, 1945.

      John L. Delius for James M. Smith, as assessor of the Town of Mamaroneck, and others, appellants.

      William J. McWilliams for Frank Barnes, substituted in place of Eugene C. Harding, deceased, as assessor of the Village of Larckmont, and others, appellants.

      Monroe J. Cahn for respondent.
   Orders affirmed, with costs, upon the ground that the property assessed was of nominal value only. We pass upon no other question. No opinion.

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


text:
    Walter B. Cooke, Inc., Respondent, v. Metropolitan Life Insurance Company, Appellant.
    Argued May 21, 1945;
    decided July 19, 1945.

      Rowland H. Long for appellant.

      Charles Edward Rudolph for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of the Estate of Keith B. Angell, Deceased. Billie B. A. Coleman et al., Appellants-Respondents. National Bank and Trust Company of Norwich, Respondent-Appellant.
    Argued May 23, 1945;
    decided July 19, 1945.

      Benjamin E. Shove and Lewis C. Ryan for Billie B. A. Coleman and another, appellants-respondents.

      Donald M. Mawhinney and Gerald H. Henley for National Bank & Trust Company, respondent-appellant.

      Janet W. Hill, special guardian for Jerry B. Angelí, an infant.

      Peter Keber and Daniel Huttenbrauck for New York State Bankers Association, amicus curiae, in support of respondent-appellant’s position.
   Order affirmed, without costs; no opinion.

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


text:
    The People of the State of New York, Respondent, v. Vernie L. Johnson, Appellant.
    Argued May 25, 1945;
    decided July 19, 1945.

      Francis J. Neddo, Walter A. Fullerton and William W. Bullís for appellant.

      Nathaniel L. Goldstein, Attorney-General (William D. Bresinhan and Orrin G. Judd of counsel), for respondents.
   Judgment affirmed; no opinion.

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


text:
    Mutual Life Insurance Company of New York, Appellant, v. Barca Realty Corporation et al., Defendants, and Clara R. Gerken, Individually, Respondent.
    Argued June 4, 1945;
    decided July 19, 1945.

      Vincent Keane, Joseph V. Lane, Jr., and Louis W. Dawson for appellant.

      Paul Windels and David B. Tolins for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    The People of the State of New York, Respondent, v. Louis Sciascia, Appellant.
    Argued June 6, 1945;
    decided July 19, 1945.

      Joseph F. Carlino for appellant.

      Farrell M. Kane, District Attorney (John F. Kavanagh of counsel), for respondent.
   Judgment affirmed; no opinion.

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


text:
    The People of the State of New York, Appellant, v. David Donohue and Larry Ward, Respondents.
    Submitted June 7, 1945;
    decided July 19, 1945.

      Samuel J. Foley, District Attorney (George Tilzer and Herman J. Fliederblum of counsel), for appellant.

      Charles B. Clancy for respondents.
   Judgment affirmed; no opinion.

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


text:
    The People of the State of New York, Respondent, v. Caroline B. Strong, Appellant.
    Argued June 14, 1945;
    decided July 19, 1945.

      Kenneth W. Greenawalt and Martin A. Schenck for appellant.

      Frank S. Hogan, District Attorney (Whitman Knapp of counsel), for respondent.

      Whitney North Seymour, as chairman, and others, constituting the Committee on Civil Rights of the New York State Bar Association, and George Roberts, as chairman, and others, constituting the Committee on the Bill of Rights of the Association of the Bar of the City of New York, amici curias, in support of appellant’s position.
   Judgments reversed and complaint dismissed on the ground that the evidence was insufficient to support a finding of guilt beyond a reasonable doubt. No opinion.

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


text:
    In the Matter of the City of New York et al., Appellants, against Milo R. Maltbie et al., Constituting the Public Service Commission of the State of New York, Respondents.
    Argued June 11, 1945;
    decided July 19, 1945.

      Ignatius M. Wilkinson, Corporation Counsel (Francis J. Bloustein and Benjamin Komarow of counsel), for City of New York, appellant.

      Jesse C. Millard for Staten Island Rapid Transit Railway Company, appellant.

      Philip Halpern, Frank C. Bowers, John J. O’Brien and Samuel B. Madison for respondents.
   Order affirmed, with costs; no opinion.

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


text:
    Harold P. Hecken, Appellant, v. Remington Rand, Inc., Respondent.
    Argued May 22, 1945;
    decided July 19, 1945.

      James C. Moore for appellant.

      Wm. Francis Corson and Daniel F. Cohalan, Jr., for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    S. Frank Folsom, Respondent, v. Great Atlantic & Pacific Tea Company, Appellant.
    Argued May 23, 1945;
    decided July 19, 1945.

      Caruthers Ewing and Michael J. O’Neil for appellant.

      Emil K. Ellis, Jonas Ellis and Myron A. Ellis for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Nathan Reznikoff, Appellant, v. Equitable Life Assurance Society of the United States, Respondent.
    Argued June 4, 1945;
    decided July 19, 1945.

      I. Maurice Wormser, Adolph Feldblum and Samuel Zirn for appellant.

      Eugene T. O’Neill and Leo D. Fitzgerald for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Southern Kraft Corporation, Appellant and Respondent, v. Standard Capital Corporation, Respondent and Appellant.
    Argued June 5, 1945;

      decided. July 19, 1945.

      Joseph Dannenberg, Julius M. Arnstein and John J. O’Neil for plaintiff-appellant and respondent.

      Samuel W. Dorfman for defendant-respondent and appellant.
   Judgment affirmed, without costs; no opinion. [See 294 N. Y. 976.]

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


text:
    Hazel M. Spieler, Appellant, v. Mae E. Burley, Respondent.
    Argued June 6, 1945;
    decided July 19, 1945.

      William J. Maloney and Abraham G. Francis for appellant.

      Kevin Mclnerney and John J. Mclnerney for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    The People of the State of New York, Respondent, v. Ralph Tropiano, Appellant.
    Argued June 7, 1945;
    decided July 19, 1945.

      Edward E. Levine and Hyman Barshay for appellant.

      William O’Dwyer, District Attorney (William I. Siegel and Thomas Cradock Hughes of counsel), for respondent
   . Judgments reversed and indictment dismissed on the ground that the evidence was not sufficient to support a finding of guilt beyond a reasonable doubt. No opinion.

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


text:
    In the Matter of the Accounting of Poughkeepsie Trust Company, as Substituted Trustee under the Will of Mary E. Elting, Deceased. Frank Jackson et al., Appellant; Mattie L. Hasbrouck, as Administratrix of the Estate of John J. Hasbrouck, Deceased, et al., Respondents.
    Argued June 13, 1945;
    decided July 19, 1945.

      Frank L. Wiswall and Carl O. Olson for appellants.

      George F. Kaufman and John F. Wadlin for respondents.
   Order affirmed, with costs to all parties filing separate briefs payable out of the estate. No opinion.

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


text:
    The People of the State of New York, Respondent, v. Wayne T. Lonergan, Appellant.
    Argued June 14, 1945;
    decided July 19, 1945.

      Edward V. Broderick, S. Bertram Friedman and William Merritt for appellant.

      Frank S. Hogan, District Attorney (Whitman Knapp, Richard G. Denzer and Milton H. Spiero of counsel), for respondent.
   Judgment affirmed; no opinion. [See 294 N. Y. 972.]

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


text:
    Marvin Urist, an Infant, by Herman Urist, His Guardian ad Litem, et al., Respondents, v. Seaboard Freight Lines, Inc., Appellant, et al., Defendants.
    Submitted May 21, 1945;
    decided July 19, 1945.

      John G. Reilly, Thomas A. Clarke, Milton C. Jacobs and Thomas F. Harrigan for appellant.

      Harry E. Kreindler, Morton S. Waxman and Samuel M. Fink, for respondents.
   Judgment affirmed, with costs; no opinion.

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


text:
    Ruth Williams, Respondent, v. Smith & Howell Film Service, Inc., Appellant, et al., Defendants.
    Argued May 23, 1945;
    decided July 19, 1945.

      J. Norman Grannage and Matthew V. Byrne, Jr., for appellant. Daniel J. Seubert and Leo W. Breed for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    The People of the State of New York, Respondent, v. Walter Semaszczuk, Appellant.
    Submitted June 5, 1945;
    decided July 19, 1945.

      Solomon Raffe for appellant.

      Fred J. Munder, District Attorney (Henry Tasker of counsel), for respondent.
   Judgments reversed and information dismissed on the ground that the information does not allege facts constituting the crime (Penal Law, § 185). We pass upon no other question. No opinion.

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


text:
    In the Matter of the Accounting of Edward W. Sullivan, as an Executor of James J. Sullivan, Deceased. John J. Cunneen et al., Appellants; Mary C. Sullivan, as Administratrix C. T. A. of the Estate of James J. Sullivan, Deceased, Respondent.
    Argued June 6, 1945;
    decided July 19, 1945.

      William M. Kilcullen and John J. Cunneen for appellants.

      Samuel L. Greenberg and Homer 1. Harris for respondent.
   Order affirmed, with costs to all parties filing separate briefs payable out of the estate. No opinion.

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


text:
    The People of the State of New York, Respondent, v. Max Shamos, Appellant.
    Argued June 14, 1945;
    decided July 19, 1945.

      Louis Jay Brecher, Maurice Freiman and Morris Dickman for appellant.

      Frank S. Hogan, District Attorney (Richard G. Denzer and Whitman Knapp of counsel)'; for respondent.
   Judgment affirmed; no opinion.

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


text:
    John Sada, Respondent, v. The Gallie Corporation, Appellant.
    Submitted June 4, 1945;
    decided July 19, 1945.

      Alvin C. Cass for appellant.

      George H. Klein and Donald Maries for respondent.
   Order affirmed, with costs. Question certified answered in the negative. Leave to plaintiff to serve amended complaint is extended to twenty days after service of the order of affirmance. No opinion.

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


text:
    Public Service Commission of the State of New York, Respondent, v. City of New York, Appellant.
    Argued May 21,. 1945;
    decided July 19, 1945.

      Ignatius M. Wilkinson, Corporation Counsel (Andrew Bellanca, Francis J. Bloustein and Leon Mendelson of counsel), for appellant.

      Philip Halpern and Frank C. Bowers for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of the Accounting of Mary F. Brady, as Administratrix with the Will Annexed of Daniel W. Tierney, Deceased. In the Matter of the Petition of Deferred Payment Plan, Inc., to Compel Mary F. Brady, as Administratrix C.T.A. of the Estate of Daniel W. Tierney, Deceased, to Account. Deferred Payment Plan, Inc., Appellant; Mary F. Brady, as Administratrix with the Will Annexed of the Estate of Daniel W. Tierney, Deceased, et al., Respondents. (Consolidated Proceedings)
    Argued May 23, 1945;
    decided July 19, 1945.

      Edward Garfield and Robert H. Wrubel for appellant.

      Timothy A. McCarthy and George L. Kettner for respondents.
   Order affirmed, with costs. The presumption of consideration created by section 50 of the Negotiable Instruments Law, and the contrary affirmative evidence of no consideration, made out a question of fact as to whether or not there had been such consideration for the note in question. We pass upon no other questions. No opinion.

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


text:
    Guardian Life Insurance Company of America, Appellant, v. Mark Graves et al., Constituting the State Tax Commission, et al., Respondents.
    Argued May 24, 1945;
    decided July 19, 1945.

      Mark Eisner, Victor E. Whitlock and Joseph H. Crown for appellant.

      Nathaniel L. Goldstein, Attorney-General (John C. Crary, Jr., Orrin G. Judd and Wendell P. Brown of counsel), for respondents.
   Judgment affirmed, with costs; no opinion.

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


text:
    Eugene Hahn, Appellant, v. Luria Steel & Trading Corporation, Respondent.
    Argued June 5, 1945;
    decided July 19, 1945.

      Joseph Nemerov, Edward A. Rothenberg, Aaron Schwartz, Jerome C. Lewis and George J. Sandler for appellant.

      John J. Cunneen and S. F. Peavey, Jr., for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Stanley Krypka, Respondent, v. New York Dugan Brothers, Inc., Appellant.
    Argued June 6, 1945;
    decided July 19, 1945.

      George J. Stacy and Joseph Kane for appellant.

      Moe Levine, Arthur N. Seiff and Elias M. Felig for respondent.
   Judgment affirmed, with costs; no opinion. •

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


text:
    Dora Guinane and John Guinane, Appellants, v. Wade H. Becker, Doing Business under the Name of Becker Warehouse Co., et al., Respondents.
    Argued June 7, 1945;
    decided July 19, 1945.

      J. C. Thomson for appellants.

      Richards W. Hannah and Edward M. Fuller for respondents.
   Judgment affirmed, without costs; no opinion.

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


text:
    Arthur A. Andrews, Appellant, v. Joseph J. Kelly et al., Constituting the Board of Police Pensions of the City of Buffalo, et al., Respondents.
    Argued June 12, 1945;
    decided July 19, 1945.

      The following question was certified:

      “ Did this Court err, as matter of law, in making its order of December 29,1944 V*

      George E. Phillies for appellant.

      Andrew P. Ronan, Corporation Counsel (Fred C, Maloney and John E. Livermore of counsel), for respondents.
   Order affirmed, without costs. Question certified answered in the negative. No opinion.

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


text:
    In the Matter of Gardners Bowling Centre, Inc., Respondent, against Paul Moss, as License Commissioner of the City of New York, Appellant.
    Argued June 13, 1945;
    decided July 19, 1945.

      Ignatius M. Wilkinson, Corporation Counsel (Charles C. Weinstein of counsel), for appellant,

      Joseph O. Qubman for respondent.
   Order affirmed, with costs; no opinion.

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


text:
    Charles Shankman, Appellant, v. City of New York, Respondent.
    Argued February 26, 1945;
    reargument ordered July 19, 1945.

      David C. Broderick and Charles S. Vaccaro for appellant. Ignatius M. Wilkinson, Corporation Counsel (Samuel A. Bloom and Joseph F. Mulqueen, Jr. of counsel), for respondent.
   Reargument ordered during third week of October, 1945 session.

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


text:
    James De Windt, Appellant, v. Anthony De Stefano, as Public Officer of New York City, Respondent.
    Submitted May 14, 1945;
    decided July 19, 1945.

      Nathaniel L. Goldstein, Attorney-General (Howard F. Danihy of counsel), for motion to dismiss appeal.

      James De Windt, in person, for cross motion and in opposition to motion to dismiss appeal.
   Motion to dismiss appeal granted and appeal dismissed.

Motion for- a certificate showing that a constitutional question is involved, denied.


text:
    Metropolitan Life Insurance Company, Appellant, v. Union Trust Company of Rochester, Respondent, et al., Defendants.
    Submitted June 11, 1945;
    decided July 19, 1945.
   Motion by appellant for reargument denied, with $10 costs and necessary printing disbursements. [See 294 N. Y. 254.]


text:
    Mary Macfadden, Appellant, v. Beenarr Macfadden, Respondent.
    Submitted June 11, 1945;
    decided July 19, 1945.
   Motion by appellant for a reargmnent denied. [See 294 N. Y. 781.]


text:
    In the Matter of John J. Kuhn, Appellant, against Thomas J. Curran, as Secretary of State of the State of New York, Respondent. In the Matter of John J. Kuhn, Appellant, against Rollin Browne, as Commissioner of Taxation and Finance of the State of New York, Respondent.
    Submitted June 11, 1945;
    decided July 19, 1945.
   Motion by respondents for reargmnent denied, with $10 costs and necessary printing disbursements. [See 294 N. Y. 207.]


text:
    The People of the State of New York, Respondent, v. George Phillips, Appellant.
    Submitted July 19, 1945;
    decided July 19, 1945.
   Motion by appellant for reargmnent denied. [See 292 N. Y. 506.]


text:
    County of Nassau, Respondent, v. Day Hardie et al., Defendants, and Intercounty Operating Corporation et al., Appellants. Grace E. Connolly, Respondent, v. Timothy Curry et al., Defendants, and Intercounty Operating Corporation, Appellant.
    Submitted July 19, 1945;
    decided July 19, 1945.
   Motions by appellant to amend remittiturs denied, with $10 costs and necessary printing disbursements. [See 294 N. Y. 848, 850.]


text:
    Vera Bennett, as Administratrix of the Estate of John Bennett, Deceased, Appellant, v. New York and Queens Electric Light and Power Company, Respondent.
    Submitted July 19, 1945;
    decided July 19, 1945.
   Motion by respondent for reargument denied, with $10 costs and necessary printing disbursements. [See 294 N. Y. 334.]


text:
    Warner D. Orvis et al., Co-partners Doing Business as Orvis Brothers & Company, Appellants, v. Elliott V. Bell, Superintendent of Banks of the State of New York, as Liquidator of the New York Branch of Mitsui Bank, Ltd., Respondent.
    Submitted July 19, 1945;
    decided July 19, 1945.
   Motion by appellants to amend remittitur denied, with $10 costs and necessary printing disbursements. [See 294 N. Y. 844.]


text:
    Charles L. Feltman et al., Appellants, v. John G. Ward et al., Respondents.
    Submitted October 1, 1945;
    decided October 2, 1945.

      Harry Roter for motion.

      Howard F. R. Mulligan opposed.
   Motion denied without prejudice to any future application for the same relief.


text:
    Arundel Corporation, Appellant, v. State of New York, Respondent.
    (Claim No. 25463.)
    Argued March 2, 1945;
    decided October 4, 1945.

      Frederick W. Newton and Howard G. Wilson for appellant.

      Nathaniel L. Goldstein, Attorney-General (Arthur W. Matt-son, Orrin G. Judd and Donald C. Glenn of counsel), for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond and Thacher, JJ. Talcing no part: Dye, J. Lehman, • Ch. J., deceased.


text:
    In the Matter of Olga Bolton, as Executrix of John Bolton, Deceased, Appellant. General Accident Fire and Life Assurance Corporation, Ltd., Respondent.
    Argued June 7, 1945;
    reargument ordered October 4, 1945.

      Louis O. Bergh and Harry D. Tyler for appellant.

      William Dike Heed and Richards W. Hannah for respondent.
   Reargument ordered and case set down for argument during week beginning October 22, 1945.


text:
    The People of the State of New York, Appellant, v. Murray M. Gassman, Myer Kaufman, William Pucciarelli, Max Rosenthal, Larry Mendelsohn, Max Kleitzel, Frank Goldberg, Jimmy Messina, Mike Stern, Philip Moss, Herman Rheingold, David Elkin, Louis Goldberg and Samuel Haker, Respondents.
    Argued May 22, 1945;
    reargument ordered October 4, 1945.

      Nathaniel L. Goldstein, Attorney-General (William F. Mc-Nulty, Orrin G. Judd, John P. Powers, Vincent A. Marsicano and Samuel A. Hirshowitz of counsel), for appellant.

      Robert Szold, Irvine J. Shubert and Irving Michael Atkin for respondents.
   Reargument ordered and ease set down for argument during week beginning October 22, 1945.


text:
    In the Matter of Max Epstein, Respondent, against Board of Regents of the University of the State of New York, Appellant.
    Argued June 4, 1945;
    reargument ordered October 4, 1945.

      Nathaniel L. Goldstein, Attorney-General (Henry S. Manley and Orrin G. Judd of counsel), for appellant.

      1. Maurice Wormser and William Sadoff for respondent.
   Reargument ordered. The court is particularly desirous to hear argument, and will receive briefs, on the question whether the stipulation for order absolute in this case is contrary to public policy. Case set down for argument during week beginning October 22, 1945.


text:
    In the Matter of the Claim of Margaret McLellan, Respondent, against International Paper Company, Appellant. State Industrial Board, Respondent.
    Submitted July 19, 1945;
    decided October 4, 1945.

      James W. Mallam for motion.
    No one opposed.
   Motion dismissed, with $10 costs and necessary printing disbursements, upon the ground that the order does not finally determine the proceeding within the meaning of the Constitution.


text:
    People ex rel. Hotel Martin Company of Utica, Respondent, against Edward V. Donohue et al., as Assessors of the City of Utica, Appellants.
    Submitted July 19, 1945;
    decided October 4, 1945.

      Leo O. Coupe, Corporation Counsel (Michael Yust of counsel), for motion.

      Moses G. Hubbard, Jr., opposed.
   Motion dismissed, with $10 costs and necessary printing disbursements, upon the ground that the order does not finally determine the proceeding within the meaning of the Constitution.


text:
    Benjamin E. Tilton, as Trustee of New York State Railways, Respondent, v. City of Utica et al., Appellants.
    Submitted July 19, 1945;
    decided October 4, 1945.

      Leo O. Coupe, Corporation Counsel, for motion.

      Russell G. Dunmore, Jr., opposed.
   Motion dismissed, with $10 costs and necessary printing disbursements, upon the ground that the order does not finally determine the action within the meaning of the Constitution


text:
    In the Matter of David E. Berg, Respondent, against Harold W. Marsh et al., as Commissioners of the Municipal Civil Service Commission of the City of New York, Appellants.
    Submitted July 19, 1945;
    decided October 4, 1945.

      Samuel W. Sherman for motion.

      Ignatius M. Wilkinson, Corporation Counsel (Henry J. Shields of counsel), opposed.
   Motion granted and appeal dismissed, with costs, and $10 costs of motion.