text:
    The People of the State of New York, Respondent, v. Herbert Wilson, Alias King Solomon Johnson, Appellant.
    Submitted July 7, 1960;
    decided July 8, 1960.
   Motion to have appeal heard upon the original record and for assignment of counsel granted and Miss Nancy Carley, 73-14 37th Road, Jackson Heights, New York, assigned as . counsel to appellant on the appeal herein.

Motion for enlargement of time granted and case set down for argument during the October, 1960 session of the Court of Appeals.


source: Caselaw Access Project

license: Public Domain

text:
    The People of the State of New York, Respondent, v. Hyman Frank, Appellant.
    Submitted July 7, 1960;
    decided July 8, 1960.
   Motion for extension of time granted and case set down for argument during the October, 1960 session of the Court of Appeals.


text:
    Stratford Factors, a Copartnership, Respondent, v. New York State Banking Department et al., Appellants, et al., Defendants.
    Submitted June 6, 1960;
    decided July 8, 1960.

      Louis J. Lefkowitz, Attorney-General (Herbert J. Wallenstein and Irving Galt of counsel), for motion.

      Emanuel Silverman opposed.
   Motion dismissed, with $10 costs, upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution.


text:
    Dorothy W. Temple, Respondent, v. Philip Liebmann, Appellant.
    Submitted July 7, I960;
    decided July 8, 1960.

      Ephraim S. London for motion.

      Robert S. Groban opposed.
   Motion denied.


text:
    Cora W. Verity, Appellant, v. Charles H. Verity, Jr., et al., Respondents, et al., Defendants.
    Submitted July 7, 1960;
    decided July 8, 1960.
   Motion to have the appeal heard upon seven copies of the record before the Appellate Division granted.


text:
    John Ahrens et al., Doing Business under the Name of John Ahrens & Co., Respondents, v. Robert L. Bradford, Appellant.
    Submitted October 3, 1960;
    decided October 6, 1960.

      Samuel R. Schneider for motion.
    No one opposed.
   Motion granted and appeal dismissed, with costs and $10 costs of motion, upon the ground that the Court of Appeals has no jurisdiction since the Appellate Division determination was unanimous and no substantial constitutional question is involved.


text:
    James Basham, Appellant, v. Pennsylvania Railroad Company, Respondent.
    Submitted October 3, 1960;
    decided October 6, 1960.
   Motion to have appeal heard upon the available copies of the record before the Appellate Division granted, the usual number of printed additional papers and briefs to be filed.


text:
    Constance Baumoel, Appellant, v. David Baumoel, Respondent.
    Submitted October 3, 1960;
    decided October 6, 1960.
   Motion to have appeal heard upon two copies of the record before the Appellate Division granted, the usual number of printed additional papers and briefs to be filed.


text:
    Amy T. Black, Appellant, v. Sophie Bederson et al., Respondents.
    Submitted October 3, 1960;
    decided October 6, 1960.
   Motion to dismiss appeal granted and appeal dismissed, with costs and $10 costs of motion, unless, within 10 days, appellant serves and files an undertaking on appeal and pays $10 costs, in which events motion denied.


text:
    Bertha Carlson, Appellant, v. Costan Corp. et al., Respondents. Costan Corp., Third-Party Plaintiff-Appellant, v. Barton, Inc., Third-Party Defendant-Respondent.
    Submitted October 3, 1960;
    decided October 6, 1960.
   Motion to prosecute appeal as a poor person and for assignment of counsel granted. Case set down for argument during the November, 1960 session of the Court of Appeals.


text:
    Romona Chikara, an Infant, by Her Guardian ad Litem, Dominick Chikara, Appellant, v. City of New York, Defendant, and Board of Education of the City of New York, Respondent.
    Submitted October 3, 1960;
    decided October 6, 1960.

      Charles H. Tenney, Corporation Counsel (Seymour B. Quel of counsel), for motion.

      Sidney J. Shaw opposed.
   Motion granted and appeal dismissed, with costs and $10 costs of motion, upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution.


text:
    Rose M. Commisso, Respondent, v. Allen E. Meeker et al., Appellants.
    Submitted October 3, 1960;
    decided October 6, 1960.
   Motion to amend remittitur granted. Beturn of remittitur requested and, when returned, it will be amended by striking therefrom that portion thereof which reads “ with costs to the County against plaintiff in all courts ” and inserting in lieu thereof “ without costs.” [See 8 N Y 2d 109.]


text:
    Irene C. Connelly et al., Appellants, v. Regent Plumbers Supply Co., Inc., Respondent.
    Submitted October 3, 1960;
    decided October 6, 1960.

      Francis J. Mangravite for motion.

      Seymour J. Wilner opposed.
   Motion granted, order vacated and case set down for argument during the November, 1960 session of the Court of Appeals.


text:
    Dell Publishing Company, Inc., Appellant, v. Stanley Publications, Inc., Respondent.
    Submitted October 3, 1960;
    decided October 6, 1960.

      Sidney A. Diamond for motion.

      Benjamin E. Winston unopposed.
   Motion granted until the hearing and determination of the appeal upon the conditions specified in the order to show cause. Case set down for argument during the November, 1960 session of the Court of Appeals.


text:
    Lucile M. Ferguson, Respondent, v. Joseph B. Ferguson, Appellant.
    Submitted October 3, i960;
    decided October 6, 1960.

      Mortimer H. Tischler and Charles W. Silver for motions.

      Leonard Belford opposed.
   Motion to vacate the temporary stay dated August 10, 1960 granted unless, within 5 days from the date of service of a copy of the order herein, defendant pays the counsel fee.

Motion to dismiss appeal denied.


text:
    Kathleen Gambeski, Individually and as Executrix of Louis V. Gambeski, Deceased, Appellant, v. Hugo E. Gauthier, Respondent.
    Submitted October 3, 1960;
    decided October 6, 1960.

      Robert M. Delson and Joseph Tanenbcmm for motion.

      Frederick W. Ritter opposed.
   Motion to vacate order of June 30, 1960 granted upon condition that all necessary papers on tMs appeal and appellant’s brief be served and filed witMn 15 days.

Motion for extension of time granted and case set down for argument during the November, 1960 session of the Court of Appeals.


text:
    Cecily I. Hammer, Respondent-Appellant, v. Paul D. Hammer, Appellant-Respondent.
    Submitted October 3, 1960;

    decided October 6, 1960.

   Motion by defendant to have Ms appeal heard upon the available copies of the record before the Appellate Division granted, the usual number of printed additional papers and briefs to be filed.


text:
    Arnold G. Hite, an Infant, by Arthur G. Hite, His Guardian ad Litem, et al., Respondents, v. Lyons Central School District No. 1, Appellant, et al., Defendant.
    Submitted October 3, 1960;
    decided October 6, 1960.

      William A. Specht for motion.

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


text:
    Edward C. Klee, Appellant, v. Robert F. Wagner et al., Respondents, et al., Defendant.
    Submitted October 3, 1960;
    decided October 6, 1960.
   Motion to amend remittitur granted. Return of remittitur requested and, when returned, it will be amended by adding thereto the following: Upon the appeal herein there was presented and necessarily passed upon a question under the Constitution of the United States, viz.: Whether the action of the Board of Estimate of the City of New York in vacating and closing East 98th Street and conveying the land in the middle of the street to Holy Family R. C. Church violated the rights of plaintiff under the First and Fourteenth Amendments. The Court of Appeals held that plaintiff’s constitutional rights were not violated. [See 8 N Y 2d 991.]


text:
    Michael Lessin, Appellant, v. Direct Delivery Service, Respondent, et al., Defendant.
    Submitted October 3, 1960;
    decided October 6, 1960.
   Motion to withdraw appeal granted.


text:
    In the Matter of Julius Chopak (Also Known as Jules Chopak), an Attorney, Appellant. Association of the Bar of the City of New York, Respondent.
    Submitted October 3, 1960;
    decided October 6, 1960.

      Frank H. Gordon and Eric Nightingale for motion.

      Julius Chopak, in person, opposed.
   Motion granted and appeal dismissed upon the ground there is no constitutional question directly involved.


text:
    In the Matter of Angelo De Luca, Appellant, v. Joseph J. Caputa, as State Rent Administrator, Respondent.
    Submitted October 3, 1960;
    decided October 6, 1960.

      Harry Michelson and Harold Zucker for motion to dismiss and opposed to motion for an extension.

      Angelo De Luca, in person, opposed to motion to dismiss and for motion for an extension.
   Motion to dismiss appeal from the Appellate Division order of affirmance granted and appeal dismissed upon the ground that it was not taken within the time limited by statute.

Motion to dismiss appeal from the Appellate Division order denying reargument and leave to appeal granted and appeal dismissed upon the ground that said order is not appealable to the Court of Appeals.

Motion for an extension of time within which to serve and file the briefs on the appeal herein dismissed.


text:
    In the Matter of the Claim of John R. Hilliard, Respondent, v. Armour and Company, Appellant. Workmen’s Compensation Board, Respondent.
    Submitted October 3, 1960;
    decided October 6, 1960.

      Joseph Dean Edwards for motion.

      Louis J. Lefkowitz, Attorney-General (John J. Quinn and Roy Wiedersum of counsel), opposed.
   Motion dismissed upon the ground that it was not maat. within the time limited by statute.


text:
    In the Matter of the Arbitration between Anna Katz, as Executrix of Martus Katz, Deceased, Respondent, and Sol Schwartz et al., Appellants.
    Submitted October 3, 1960;
    decided October 6, 1960.

      Abraham Kantor for motion.

      Jeremiah S. Gutman opposed.
   Motion denied.


text:
    In the Matter of the Estate of Gothlieb Kittelberger, Deceased. Gladys Judd et al., Appellants; Central Trust Company of Rochester, as Executor and Trustee under the Will of Gothlieb Kittelberger, Deceased, et al., Respondents.
    Submitted October 3, 1960;
    decided October 6, 1960.

      Howard M. Woods, Philip M. Liebschutz, David M. Gray, George J. Skivington, William C. Combs and J. Emmett O’Brien for motion.

      Arthur VD. Chamberlain, Bernard M. Pogal, Levy & Levy and Remington, Gifford, Willey & Williams opposed.
   Motion granted and appeal taken as of right dismissed.


text:
    Florence Krieger, Appellant, v. Holy Name Church, Respondent.
    Submitted October 3, 1960;
    decided October 6, 1960.
   Motion for leave to prosecute the appeal as a poor person granted.


text:
    In the Matter of Jerome C. Lewis, Appellant.
    Submitted October 3, 1960;
    decided October 6, 1960.

      Henry Hirschberg for motion.

      Eric Nightingale for Committee on Grievances of the Association of the Bar of the City of New York, opposed.
   Motion dismissed upon the ground that the order sought to be appealed from does not finally determine the proceeding within the meaning of the Constitution.


text:
    In the Matter of the Claim of Florence McConville, Respondent, v. James T. McConville et al., Appellants. Workmen’s Compensation Board, Respondent.
    Submitted October 3, 1960;
    decided October 6, 1960.

      John J. Clyne for motion.

      Louis J. Lefkowitz, Attorney-General (Roy Wiedersum of counsel) and Emmet J. Lynch opposed.
   Motion denied and appeal dismissed upon the ground that the appeal was not taken within the time limited by statute (Civ. Prac. Act, § 592, subd. 4).


text:
    In the Matter of the Claim of Bertha Miller, Respondent, v. National Cabinet Company et al., Appellants, and Michigan Mutual Insurance Company, Respondent. Workmen’s Compensation Board, Respondent.
    Submitted October 3, 1960;
    decided October 6, 1960.
   Motion to amend remittitur granted. Return of remittitur requested and, when returned, it will be amended by striking therefrom that portion which reads “without costs” and inserting in lieu thereof “with costs to the appellants in this Court and in the Appellate Division against the Workmen’s Compensation Board.” [See 8 N Y 2d 277.]


text:
    In the Matter of the Arbitration between Milliken Woolens, Inc., et al., Appellants, and Weber Knit Sportswear, Inc., Respondent.
    Submitted October 3, 1960;
    decided October 6, 1960.

      Sidney S. Korzenik for motion.

      Donald L. Kreindler opposed.
   Motion denied.


text:
    In the Matter of Edmund Poltronieri, Appellant, v. Frederick J. Talasco, an Infant, by Joseph E. Talasco, His Guardian ad Litem, et al., Respondents.
    Submitted October 3, 1960;
    decided October 6, 1960.
   Motion for an extension of time granted to the extent that the record and appellant’s brief be served and filed within 15 days.


text:
    In the Matter of Louis Sabel, Appellant, v. William S. Hults, as Commissioner of the Bureau of Motor Vehicles of the State of New York, Respondent.
    Submitted October 3, 1960;
    decided October 6, 1960.

      Louis J. Lefkowitz, Attorney-General (Paxton Blair of counsel), for motion.

      Emanuel Redfield opposed.
   Motion denied with leave to renew upon the argument.


text:
    Eileen McConville, as Administratrix of the Estate of William J. Bretsch, Deceased, Respondent, v. Gertrude Bretsch, Appellant, et al., Defendant.
    Submitted October 3, 1960;
    decided October 6, 1960.

      Bernard R. Selkowe for motions.

      Louis Golkin opposed.
   Motion for leave to appeal dismissed upon the ground that appellant has a direct appeal to the Court of Appeals under section 590 of the Civil Practice Act.

Motion, insofar as it seeks to have the appeal heard upon the original record, granted.


text:
    Michael's Holding Co., Inc., Respondent, v. Jeremiah J. Mahoney, Appellant, et al., Defendants.
    Submitted October 3, 1960;
    decided October 6, 1960.

      Julius Hochstein for motion.

      Leon J. Greenspan and Hyman Hecker opposed.
   Motion granted and appeal dismissed, with costs and $10 costs of motion, upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution.


text:
    Bernt Olsen, Appellant, v. Chase Manhattan Bank et al., Respondents, et al., Defendants.
    Submitted October 3, 1960;
    decided October 6, 1960.
   Motion to have appeal heard upon seven copies of the record before the Appellate Division granted, the usual number of printed additional papers and briefs to be filed.


text:
    Pat Jrs., Inc., Respondent, v. Frank Shapiro, Individually and Doing Business as Frank Shapiro Sportswear, Appellant.
    Submitted October 3, 1960;
    decided October 6, 1960.

      Sidney S. Levine for motion.

      Samuel Schaeffer opposed.
   Motion dismissed, with $10 costs, upon the ground that the Court of Appeals lacks jurisdiction to entertain it (Civ. Prac. Act, § 589).


text:
    The People of the State of New York, Respondent, v. Ella Barber, Appellant.
    Submitted October 3, 1960;
    decided October 6, 1960.
   Motion for a further enlargement of time granted and case set down for argument during the November, 1960 session of the Court of Appeals.


text:
    The People of the State of New York, Respondent, v. Jacob Berger, Appellant.
    Submitted October 3, 1960;
    decided October 6, 1960.
   Motion for a further enlargement of time granted and case set down for argument during the November, 1960 session of the Court of Appeals.


text:
    The People of the State of New York, Respondent, v. Norman J. Brabson, Appellant.
    Submitted October 3, 1960;
    decided October 6, 1960.
   Motion for a further enlargement of time granted and case set down for argument during the November, 1960 session of the Court of Appeals.


text:
    The People of the State of New York, Respondent, v. Francis Henry Bloeth, Appellant.
    Submitted October 3, 1960;
    decided October 6, 1960.
   Motion for enlargement of time granted and case set down for argument during the November, 1960 session of the Court of Appeals.


text:
    The People of the State of New York, Respondent, v. Lila Duarte, Appellant.
    Submitted October 3, 1960;
    decided October 6, 1960.
   Application for leave to prosecute appeal upon the original record and for assignment of counsel granted and Anthony J. di Buono, Esq., of 165 Broadway, New York City, assigned as counsel to appellant on the appeal herein.


text:
    The People of the State of New York, Respondent, v. Robert Fish, Appellant.
    Submitted October 3, 1960;
    decided October 6, 1960.
   Motion to have appeal heard upon the original record and for assignment of counsel granted and Robert D. Schneider, Esq., of 100 State Street, Albany, New York, assigned as counsel to appellant on the appeal herein.


text:
    The People of the State of New York, Respondent, v. Michael A. Garcia, Appellant.
    Submitted October 3, 1960;
    decided October 6, 1960.
   Motion for enlargement of time granted and case set down for argument during the November, 1960 session of the Court of Appeals.


text:
    The People of the State of New York, Respondent, v. John Green, Appellant.
    Submitted October 3, 1960;
    decided October 6, 1960.
   Motion for enlargement of time granted and case set down for argument during the November, 1960 session of the Court of Appeals.


text:
    The People of the State of New York, Respondent, v. William A. Hamm, Appellant.
    Submitted October 3, 1960;
    decided October 6, 1960.
   Motion for enlargement of time granted and case set down for argument during the October, 1960 session of the Court of Appeals.


text:
    The People of the State of New York, Respondent, v. William Hernandez, Appellant.
    Submitted October 3, 1960;
    decided October 6, 1960.
   Motion by defendant to have appeal heard upon the original record and typewritten briefs granted.

Motion by defendant for enlargement of time granted and case set down for argument during the October, 1960 session of the Court of Appeals.


text:
    The People of the State of New York, Appellant, v. William Hernandez, Respondent.
    Submitted October 3, 1960;
    decided October 6, 1960.
   Motion by the People for enlargement of time granted and case set down for argument during the October, 1960 session of the Court of Appeals.


text:
    The People of the State of New York, Respondent, v. Jerry Lasher, Appellant.
    Submitted October 3, 1960;
    decided October 6, 1960.
   Motion to have appeal heard upon the original record and typewritten briefs and for enlargement of time granted and case set down for argument during the November, 1960 session of the Court of Appeals.


text:
    The People of the State of New York, Respondent, v. Joseph Lowen, Appellant.
    Submitted October 3, 1960;
    decided October 6, 1960.
   Application for enlargement of time granted and case set down for argument during the November, 1960 session of the Court of Appeals,


text:
    The People of the State of New York, Respondent, v. David McDowell, Appellant.
    Submitted October 3, 1960;
    decided October 6, 1960.
   Motion for enlargement of time granted and case set down for argument during the November, 1960 session of the Court of Appeals.

Motion to have appeal heard upon the original record and typewritten briefs and for assignment of counsel granted.


text:
    The People of the State of New York, Respondent, v. Woodrow Miller, Appellant.
    Submitted October 3, 1960;
    decided October 6, 1960.
   Application for assignment of additional counsel granted and Harold A. Meriam, Jr., Esq., of 177 Montague Street, Brooklyn, New York, assigned as additional counsel to represent defendant on the appeal herein.

Motion for enlargement of time granted and case set down for argument during the January, 1961 session of the Court of Appeals.


text:
    The People of the State of New York, Respondent, v. Mary Munoz, Appellant.
    Submitted October 3, 1960;
    decided October 6, 1960.
   Motion to have appeal heard upon the original record and typewritten briefs granted.

Motion for enlargement of time granted and case set down for argument during the November, 1960 session of the Court of Appeals.


text:
    The People of the State of New York, Respondent, v. Jerry Robertson, Appellant.
    Submitted October 3, 1960;
    decided October 6, 1960.
   Application for assignment of counsel granted and Charles F. Crimi, Esq., M. & T. Building, Buffalo, New York, assigned as counsel to appellant on the appeal herein.

Application to have appeal heard upon the original record granted.

Application for enlargement of time granted and case set down for argument during the November, 1960 session of the Court of Appeals.


text:
    The People of the State of New York, Respondent, v. Luis Manuel Rosario, Appellant.
    Submitted October 3, 1960;
    decided October 6, 1960.
   Motion for enlargement of time granted and case set down for argument during the November, 1960 session of the Court of Appeals.


text:
    The People of the State of New York, Respondent, v. Sol Steinhardt, Appellant.
    Submitted October 3, 1960;
    decided October 6, 1960.
   Motion to have appeal heard upon the original record granted. Motion for enlargement of time granted and case set down for argument during the November, 1960 session of the Court of Appeals.


text:
    The People of the State of New York, Respondent, v. Paul Urano, Appellant.
    Submitted October 3, 1960;
    decided October 6, 1960.
   Motion to have appeal heard upon the original record and typewritten briefs granted.


text:
    The People of the State of New York, Respondent, v. Donald Frederick Warner, Appellant.
    Submitted October 3, 1960;
    decided October 6, 1960.
   Motion to have appeal heard upon the original record and typewritten briefs and for assignment of counsel granted.

Motion for enlargement of time granted and case set down for argument during the October, 1960 session of the Court of Appeals.


text:
    The People of the State of New York ex rel. Edward B. Brown, Appellant, v. W. Cecil Johnston, as Director of Dannemora Hospital, Respondent.
    Submitted October 3, 1960;
    decided October 6, 1960.
   Motion for leave to appeal and to prosecute appeal as a poor person and for assignment of counsel granted, and Ephraim S. London, Esq., New York City, assigned as counsel to appellant on the appeal herein.


text:
    The People of the State of New York ex rel. Joseph Emanuel, Respondent, v. Harry Silberglitt, as Warden of City Prison, New York City, et al., Appellants.
    Submitted October 3, 1960;
    decided October 6, 1960.

      Frances Kahn for motion.
    No one opposed.
   Motion granted and appeal dismissed upon the ground that it is not timely taken.


text:
    Pleasant Valley Packing Company, Inc., Appellant, v. Samuel J. Talarico, Individually and as President of the Amalgamated Meatcutters, Butchers Workmen and Affiliated Crafts of North America, District Union, Local No. 1, AFL-CIO, et al., Respondents.
    Submitted October 3, 1960;
    decided October 6, 1960.

      Bader & Belson for motion.

      Bliss and Bouck opposed.
   Motion denied. Respondents may apply to Special Term for a vacatur of the temporary injunction or the parties may proceed to the trial of this action, at which time Special Term shall be free to determine in the light of the law as it now stands, applied to the facts as shown, whether the temporary injunction should continue or be vacated.


text:
    John Reilly, Appellant, v. Charles K. Wygant et al., as Executors of Margaret Clark, Deceased, Respondents.
    Submitted October 3, 1960;
    decided October 6, 1960.
   Motion to dismiss appeal withdrawn.


text:
    Edmund A. Schillawski et al., Appellants, v. State of New York, Respondent. S. E. B. Holding Corporation, Appellant, v. State of New York, Respondent.
    (Claim No. 32769.)
    (Claim No. 32760.)
    Submitted October 3, 1960;
    decided October 6, 1960.
   Motion by appellant S. E. B. Holding Corporation for an extension of time to serve and file its brief on the appeal herein granted until October 25, 1960, and case set down for argument during the week of November 14, 1960.


text:
    Shedney Robinson, Respondent, v. New York Central Railroad Company, Appellant.
    Submitted October 3, 1960;
    decided October 6, 1960.
   Motion to dismiss appeal granted and appeal dismissed unless, within 20 days, appellant serves and files the record and its brief and procures the amendment of the undertaking for costs heretofore filed so as to cover costs on the appeal to the Court of Appeals.


text:
    Dora Rubinstein et al., Appellants, v. Pennsylvania Railroad Company et al., Respondents.
    Submitted October 3, 1960;
    decided October 6, 1960.
   Motion to have appeal heard upon the available copies of the record before the Appellate Division granted, the usual number of printed additional papers and briefs to be filed.


text:
    Sherry Shuffman, Respondent, v. Frederick Shuffman, Appellant.
    Submitted October 3, 1960;
    decided October 6, 1960.
   Motion to have appeal heard upon the original record, typewritten additional papers and typewritten briefs granted.


text:
    Earl C. Sylvander et al., Individually and on Behalf of All Other Stockholders Similarly Situated, Appellants, v. Louis J. Taber et al., Respondents, and Louis J. Lefkowitz, Attorney-General of the State of New York, Intervenor-Respondent.
    Submitted October 3, 1960;
    decided October 6, 1960.
   Motion to amend remittitur granted. Return of remittitur requested and, when returned, it will be amended by adding thereto the following: Upon the appeal herein there were presented and necessarily passed upon questions under the Constitution of the United States, viz.: Appellants contended that their contract obligations were impaired in violation of the United States Constitution (art. I, § 10), and that their rights to due process of law under the Fourteenth Amendment of the Constitution of the United States were denied. The Court of Appeals held that there were no such violations and that there was no merit or substance to appellants’ contentions. [See 8 N Y 2d 835.]


text:
    Raymond F. Teeter, Jr., Respondent, v. Allstate Insurance Company, Respondent.
    Submitted October 3, 1960;
    decided October 6, 1960.
   Motion on behalf of respondent for leave to submit a typewritten brief on the appeal herein granted.


text:
    Cleophas Thomas, Appellant, v. New York City Housing Authority, Respondent.
    Submitted October 3, 1960;
    decided October 6, 1960.

      Lillian E. Cuff for motion.

      Benjamin Adler, Gustave G. Rosenberg and Lawrence M. Rosenberg opposed.
   Motion denied.


text:
    Town of Onondaga, Respondent, v. Mary L. Hubbell et al., Appellants.
    Submitted October 3, 1960;
    decided October 6, 1960.

      Martin F. Kendrick, and Benjamin J. Bucko for motion.

      Ben Wiles, Jr., Town Attorney, and Louis J. Lefkowitz, Attorney-General, unopposed.
   Motion for an order of reversal granted.


text:
    Anthony Tuffarella, Plaintiff, v. Erie Railroad Company, Defendant, and Third-Party Plaintiff-Respondent. Star Corrugated Box Company, Third-Party Defendant-Appellant.
    Submitted October 3, 1960;
    decided October 6, 1960.

      Albert P. Thill and Clarence W. Williamson, Jr., for motion.
    J. Roger Carroll and Richard E. Nolan opposed.
   Motion dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution.


text:
    In the Matter of the Intermediate Accounting of Joseph Trachtman, as Executor of Saul H. Bourne, Deceased, Respondent. Mary M. Bourne, Also Known as Bonnie Bourne, Respondent; Mary E. Keedick, Also Known as Beebe Bourne, Appellant.
    Argued October 3, 1960;
    decided October 12, 1960.

      Arthur F. Driscoll, Milton M. Rosenbloom and Edmund G. Grainger, Jr., for appellant.

      Walter S. Beck, Simon Rose, T. Newman Lawler and Albert F. Smith for Mary M. Bourne, respondent.

      Mordecai Rochlin, Samuel J. Silverman and Bernard Finkelstein for Joseph Trachtman, respondent.
   Order affirmed, with costs to all parties appearing separately and filing separate briefs, payable out of the estate. No opinion.

Motion to dismiss the appeal denied.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Froessel, Van Voorhis, Burke and Foster.


text:
    The People of the State of New York, Respondent, v. Ralph Freccia, Jr., Appellant.
    Argued October 5, 1960;
    decided October 13, 1960.

      Charles F. Crimi for appellant.

      Frank S. Hogan, District Attorney (Daniel J. Sullivan and Harold R. Shapiro of counsel), for respondent.
   Order reversed and case remanded to the Appellate Division for reinstatement of the appeal, to be heard on the original papers (People v. Borum, 8 N Y 2d 177). On such reinstated appeal appellant will be entitled either to have a copy of said original papers or to assignment of counsel (People v. Kalan, 2 N Y 2d 278; People v. Breslin, 4 N Y 2d 73). No opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Froessel, Van Voorhis, Burke and Foster.


text:
    The People of the State of New York, Respondent, v. Leonard Wolochen, Appellant.
    Argued October 5, 1960;
    decided October 13, 1960.

      John J. Phelan for appellant.

      Edward S. Silver, District Attorney (William I. Siegel of counsel), for respondent.
   Order reversed and case remanded to the Appellate Division for reinstatement of the appeal, to be heard on the original papers (People v. Borum, 8 N Y 2d 177). On such reinstated appeal appellant will be entitled either to have a copy of said original papers or to assignment of counsel (People v. Kalan, 2 N Y 2d 278; People v. Breslin, 4 N Y 2d 73). No opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Froessel, Van Voorhis, Burke and Foster.


text:
    The People of the State of New York, Respondent, v. Jack Meikle, Appellant.
    Argued October 5, 1960;
    decided October 13, 1960.

      J. Kevin Meneilly for appellant.

      Frank S. Hogan, District Attorney (Daniel J. Sullivan and Harold R. Shapiro of counsel), for respondent.
   Order reversed and case remanded to the Appellate Division for reinstatement of the appeal, to be heard on the original papers (People v. Borum, 8 N Y 2d 177). On such reinstated appeal appellant will be entitled either to have a copy of said original papers or to assignment of counsel (People v. Kalan, 2 NY 2d 278; People v. Breslin, 4 N Y 2d 73). No opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Froessel, Van Voorhis, Burke and Foster.


text:
    In the Matter of the Claim of Concetta D’Andrea, Appellant, v. Berger Dress Co. et al., Respondents.
    Argued October 4, 1960;
    decided October 13, 1960.

      Wilbur Daniels, Morris P. Glushien, Edward V. Sparer and Max Zimny for appellant.

      Nathan Rosen for respondents.
   Order affirmed, without costs; no opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, ' Froessel, Van Voorhis and Burke. Taking no part: Judge Foster.


text:
    In the Matter of the Arbitration between Transpacific Transport Corp., Respondent, and Sirena Shipping Company, S. A., Appellant.
    , Argued October 5,1960;
    decided October 13, 1960.

      Sheldon A. Vogel and John G. de Roos for appellant.

      Raymond J. Burke and Thomas A. Dillon, Jr., for respondent.
   Order affirmed, with costs; no opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld and Burke. Judges Froessel, Van Voorhis and Foster dissent and vote to reverse upon the dissenting opinion in the Appellate Division.


text:
    The People of the State of New York, Respondent, v. Hyman Frank, Appellant.
    Argued October 5, 1960;
    decided October 13, 1960.

      Hyman Frank, appellant in person.

      Charles H. Tenney, Corporation Counsel (Robert L. Ellis and Seymour B. Quel of counsel), for respondent.
   Judgment reversed, the complaint dismissed and the fine remitted upon the ground that the evidence is insufficient to support the conviction (People v. Broadway-Sheridan Arms, 300 N. Y. 559). No opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Froessel, Van Voorhis, Burke and Foster.


text:
    Donald Moran, Appellant, v. Rheinstein Construction Co., Inc., Respondent.
    Argued October 3, I960;
    decided October 13, 1960.

      Benjamin H. Siff and Melvin Sacks for appellant.

      Alexander Orr, Jr., for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Froessel, Van Voorhis, Burke and Foster.


text:
    Harold Bruce, Respondent, v. Woll Bros., Inc., Appellant.
    Argued October 5, 1960;
    decided October 13, 1960.

      Isaac C. Donner and Lazaar Henkin for appellant.

      Harry Stackell for respondent.
   Judgment affirmed, with costs. The landlord was privileged under the judgment in the form appealed from to make whatever decorations, repairs, alterations or improvements or additions as were permitted by paragraph 13 in the lease, provided the store frontage or display window as installed by the tenant pursuant to paragraph 39 of the lease was not affected or impaired. No opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Froessel, Van Voorhis, Burke and Foster.


text:
    Gerald Belfert, Appellant, v. Peoples Planning Corporation of America, Respondent.
    Submitted October 10, 1960;
    decided October 13, 1960.

      Morton M. Maneker for motion.

      Samuel Wollan opposed.
   Motion granted and appeal dismissed, with costs and $10 costs of motion, without prejudice to the taking of an appeal from a proper judgment if and when entered.


text:
    Garofano Construction Co., Inc., et al., Appellants-Respondents, v. City of New York, Respondent-Appellant.
    Submitted October 3, 1960;
    decided October 13, 1960.

      Albert Foreman for motion.

      Charles H. Tenney, Corporation Counsel (Seymour B. Quel of counsel), opposed.
   Motion denied.


text:
    In the Matter of the Claim of Mary Gugliotto et al., Appellants, v. City of New York, Respondent.
    Submitted October 10, 1960;
    decided October 13, 1960.
   Motion for leave to prosecute appeal as poor persons and for assignment of counsel granted.


text:
    Homecraft Alterations Corp., Respondent, v. Norma Brill, Appellant, et al., Defendants.
    Submitted October 3, 1960;
    decided October 13, 1960.

      Joseph M. Lonergan for motion to dismiss appeal and opposed to motion to have appeal heard on three copies of Appellate Division record.

      Jacob W. Friedman opposed to motion to dismiss appeal and for motion to have appeal heard on three copies of Appellate Division record.
   Motion to dismiss appeal granted and appeal dismissed, with costs and $10 costs of motion, upon the ground that the paper sought to be appealed from does not finally determine the action within the meaning of the Constitution.

Motion by appellant denied.


text:
    Knocklong Corp., Appellant, v. Long Island State Park Commission et al., Respondents.
    Submitted October 3, 1960;
    decided October 13, 1960.

      Mildred McGinity for motion.

      Louis J. Lefhowitz, Attorney-General (Paxton Blair and Daniel M. Cohen of counsel), opposed.
   Motion for leave to appeal, insofar as it relates to order denying appellant’s motion to set aside the judgment and for a new trial upon the ground of newly discovered evidence, dismissed; otherwise, motion for leave to appeal denied, with $10 costs and necessary printing disbursements.


text:
    Katherine B. Nuckolls, Respondent, v. Richard G. Nuckolls, Appellant.
    Submitted October 3, 1960;
    decided October 13, 1960.

      Herald P. Fahringer, Jr., for motion.

      Richard N. Blewett and Eugene M. Downey opposed.
   Motion dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution.


text:
    The People of the State of New York, Respondent, v. William A. Hamm, Appellant.
    Submitted October 10, I960;
    decided October 13, 1960.
   Motion for leave to prosecute appeal upon the original record and typewritten briefs granted,


text:
    The People of the State of New York, Respondent, v. Thomas Michael McCallum, Appellant.
    Submitted October 10, 1960;
    decided October 13, 1960.
   Motion by the People to amend remittitur to state that the order remitting the case to the Appellate Division was based on an interpretation of the Constitution of the United States denied, inasmuch as the order was based on an interpretation of the Constitution of the State of New York as well as on the Constitution of the United States. [See 8 N Y 2d 155.]


text:
    The People of the State of New York, Respondent, v. Henry Oakley, Appellant.
    Submitted October 10, .I960';
    decided October 13, 1960.
   Motion for enlargement of time granted and case set down for argument during the November, 1960 session of the Court of Appeals.


text:
    The People of the State of New York, Respondent, v. Charles Angelo Spitaleri, Appellant.
    Submitted October 10, 1960;
    decided October 13, 1960.
   Motion to have appeal heard upon the original record and typewritten briefs and for assignment of counsel granted.


text:
    The People of the State of New York, Appellant-Respondent, v. Louis Von Cseh, Respondent-Appellant.
    Submitted October 10, 1960;
    decided October 13, 1960.
   Motion to amend remittitur granted. Return of remittitur requested and, when returned, it will be amended by adding thereto the following: Upon the appeal herein there was presented and necessarily passed upon an alleged question under the Constitution of the United States, viz.: Defendant contended that the right to a speedy trial as guaranteed by the Constitution of the United States was denied to him. The Court of Appeals held that there was no such denial and that there was no substance or merit to defendant’s contentions. [See 8 N Y 2d 993.]


text:
    The People of the State of New York ex rel. George Bartlam, Appellant, v. Robert E. Murphy, as Warden of Auburn Prison, Respondent.
    Submitted October 3, 1960;
    decided October 13, 1960.
   Motion to prosecute appeal as a poor person and for assignment of counsel granted to the extent that Eugene L. Wished, Esq., of Smithtown, Long Island, New York, is assigned as counsel to relator.


text:
    The People of the State of New York ex rel. Michael Kilgallen, Appellant, v. J. E. La Vallee, as Warden of Clinton Prison, Respondent.
    Submitted October 3, 1960;
    decided October 13, 1960.

      Michael Kilgallen, in person, for motion.
    No one opposed.
   Motion denied and appeal dismissed upon the ground that no substantial constitutional question is involved.


text:
    The People of the State of New York ex rel. John Wesley Lawson, Appellant, v. Wilfred L. Denno, as Warden of Sing Sing Prison, Respondent. The People of the State of New York, Respondent.
    Submitted October 3, 1960;
    decided October 13, 1960.
   Motion to have appeal heard upon the original record and for assignment of counsel granted and Joseph J. Buderwitz, Jr., Esq., of 488 Madison Avenue, New York City, assigned as counsel to appellant on the appeal herein.


text:
    The People of the State of New York, Respondent, v. James J. Moran, Appellant.
    Argued October 6, 1960;
    decided October 20, 1960.

      Eugene J. Moran for appellant.

      Frank S. Hogan, District Attorney (Peter J. O’Connor, Richard G. Denzer and Charles W. Manning of counsel), for respondent.
   Order affirmed; no opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Froessel, Van Voorhis,. Burke and Foster.


text:
    The People of the State of New York, Respondent, v. Norberto Diaz, Appellant, et al., Defendants.
    Argued October 13, 1960;
    decided October 20, 1960.

      Morris M. Goldknopf, Oscar Gonsalez-Suarez, Efrain G. Sanchez and Frank A. Ortiz for appellant.

      Isidore Dollinger, District Attorney (Irving Anolik of counsel), for respondent.
   Judgment affirmed; no opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Froessel, Van Voorhis, Burke and Foster.


text:
    In the Matter of Monroe Goldwater, Respondent, v. Caroline K. Simon, as Secretary of State, Respondent, and Socialist Labor Party Nominees for Electors of President et al., Appellants.
    Argued October 20, 1960;
    decided October 20, 1960.

      Jacob Goldsmith for appellants.

      Abraham J. Gellinoff, Robert Conrad and Andrew M. Pinckney for petitioner-respondent.
   Order affirmed, without costs; no opinion.

Concur: Chief Judge Desmond and Judges Dye, Froessel, Van Voorhis and Burke. Taking no part: Judges Fuld and Foster.


text:
    Martha Phillips et al., Appellants, v. New York City Transit Authority et al., Respondents.
    Argued October 11, I960;
    decided October 20, 1960.

      David C. Broderick, Charles S. Vaccaro and Harold A. Easton for appellants.

      Abraham Satran, Daniel T. Scannell and Helen R. Cassidy for New York City Transit Authority, respondent.

      James M. Gilleran and John J. O’Connor for Charles Brown, respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Froessel, Van Voorhis, Burke and Foster.


text:
    In the Matter of Angelo J. Paliotto, Appellant, v. John P. Cohalan, Jr., et al., Constituting the Town Board of the Town of Islip, Respondents.
    Argued October 16, 1960;
    decided October 20, 1960.

      Angelo J. Paliotto, appellant in person.

      George F. X. McInerney, Town Attorney, for respondent.
   Order affirmed, with costs; no opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Froessel, Van Voorhis, Burke and Foster.


text:
    Ogden J. Ross et al., Appellants, v. City of Rochester et al., Respondents.
    Argued October 18, 1960;
    decided October 20, 1960.

      Lambert L. Ginsberg and Paul R. Jones for appellants.

      David Schoenberg, Corporation Counsel (Stephen K. Pollard of counsel), for City of Rochester, respondent.
   Order affirmed, without costs (Penniman v. Fuller & Warren Co., 133 N. Y. 442; Boro Kitchen Cabinets v. Spalt, 9 A D 2d 925). Question certified answered in the affirmative. No opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Froessel, Van Voorhis and Burke. Taking no part: Judge Foster.


text:
    Edward L. Kinne, Appellant, v. State of New York, Respondent.
    (Claim No. 33178.)
    Argued October 7, 1960;
    decided October 20, 1960.

      Morris Oppenheim for appellant.

      Louis J. Lefkowitz, Attorney-General (Paxton Blair of counsel), for respondent.
   Judgment affirmed, without costs; no opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Froessel, Van Voorhis and Burke. Taking no part: Judge Foster.


text:
    Helen M. Zampino, Appellant, et al., Plaintiff, v. Colgate-Palmolive Company, Defendant, and F. W. Woolworth Co., Respondent.
    Argued October 7, 1960;
    decided October 20, 1960.

      Edward M. Segal and Harold W. Rosenstrauch for appellant.

      Charles J. Ranney for respondent.
   Judgment affirmed, without costs; no opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Froessel, Van Voorhis, Burke and Foster.


text:
    In the Matter of William J. Shea et al., Respondents, v. Alexander A. Falk et al., Constituting the Civil Service Commission of the State of New York, et al., Appellants.
    Argued October 11, 1960;
    decided October 20, 1960.

      Louis J. Lefkowitz, Attorney-General (Paxton Blair and George H. Rothlauf of counsel), for appellants.

      Murray A. Gordon for respondents.
   Order affirmed, with costs; no opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Froessel, Van Voorhis, Burke and Foster.


text:
    The People of the State of New York, Respondent, v. Patrick Bartone, Appellant.
    Argued October 18, 1960;
    decided October 20, 1960.

      Mario Matthew Cuomo for appellant.

      Isidore Dollinger, District Attorney (Walter E. Dillon of counsel), for respondent.
   Order reversed and case remanded to the Appellate Division for reinstatement of the appeal, to be heard on the original papers (People v. Borum, 8 N Y 2d 177). On such reinstated appeal appellant will be entitled either to have a copy of said original papers or to assignment of counsel (People v. Kalan, 2 N Y 2d 278; People v. Breslin,4 N Y 2d 73). No opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Froessel, Van Voorhis, Burke and Foster.


text:
    Cora W. Verity, Appellant, v. Charles H. Verity, Jr., et al., Respondents, et al., Defendants.
    Argued October 11, I960;
    decided October 20, 1960.

      Edward Maries and John Guastella for appellant.

      David Friedman, in person, for David Friedman, respondent.
    No appearance for remaining respondents.
   Order affirmed, without costs. Question certified answered in the affirmative. No opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld. Froessel, Van Voorhis, Burke and Foster.


text:
    Anna B. Rosenthal, Respondent, v. Mutual Life Insurance Company of New York, Appellant.
    Argued October 10, 1960;
    decided October 20, 1960.

      John O. Kelly, Laughton Bell and Edward A. Voegeli for appellant.

      Leon Wasserman for respondent.
   Order of the Appellate Division reversed and the judgment of Trial Term reinstated, with costs in this court and in the Appellate Division, upon the ground that on this record no issue of fact is presented as to whether the death of the insured was accidental within the meaning of the double indemnity policy provision that such death shall be “ a direct result of bodily injury effected solely through external, violent and accidental means, independently and exclusively of all other causes.” No opinion.

Concur: Judges Dye, Fuld, Froessel, Van Voorhis, Burke and Foster. Chief Judge Desmond dissents and votes to affirm upon the two opinions for reversal at the Appellate Division.


text:
    F. Sutherland Macklem, Appellant, v. Marine Park Homes, Inc., et al., Respondents, et al., Defendant.
    Argued October 7, 1960;
    decided October 20, 1960.

      Herbert O. Feinson for appellant.

      Stuart A. Sherman and Leonard L. Rivkin for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Froessel, Van Voorhis, Burke and Foster.


text:
    In the Matter of the Claim of Erna Stein, Respondent, v. La Marguise Footwear, Inc., et al., Appellants, and Special Disability Fund, Respondent. Workmen’s Compensation Board, Respondent.
    Argued October 10, 1960;
    decided October 20, 1960.

      William F. Fischer, Jr., and John J. Duggan for appellants.

      John M. Cullen for Special Disability Fund, respondent.
   Order affirmed, with costs to the Special Disability Fund against appellants employer and carrier. No opinion.

Concur: Chief Judge Desmond and Judges Dye, Field, Froessel, Van Voorhis and Burke. Taking no part: Judge Foster.


text:
    Margaret E. De Ville, Individually and as Administratrix of the Estate of Ward H. De Ville, Deceased, Respondent, v. Continental Assurance Company, Appellant.
    Argued October 4, 1960;
    decided October 20, 1960.

      William B. Lee, Jr., for appellant.

      John M. Regan for respondent.
   Order affirmed, with costs; no opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Froessel, Van Voorhis, Burke and Foster.


text:
    In the Matter of Anonymous for Admission to Practice as an Attorney.
    Submitted October 17, 1960;
    decided October 20, 1960.
   Motion for an order directing that all proceedings on the appeal herein be entitled ‘ ‘ Matter of Anonymous etc. ’ ’ and for other specified relief granted to the extent of permitting all future proceedings in this matter to be entitled: “ In the Matter of the Application of Anonymous for admission to practice as an attorney and counselor-at-law motion otherwise denied.


text:
    In the Matter of Luigi Di Giovanni, Appellant, v. James E. Allen, Jr., as Commissioner of Education of the State of New York, et al., Respondents.
    Submitted October 17, 1960;
    decided October 20, 1960.

      Louis J. Lefkowitz, Attorney-General (Robert W. Bush of counsel), for motion.

      S. D. Ferster opposed.
   Motion granted and appeal dismissed, with costs and $10 costs of motion, upon the ground that no substantial constitutional question is directly involved.


text:
    Goldie Lazarus et al., Appellants, v. Skouras Theatres Corporation, Respondent.
    Submitted October 17, 1960;
    decided October 20, 1960.
   Motion to have appeal heard upon four copies of the record before the Appellate Division granted, the usual number of printed additional papers and briefs to be filed.


text:
    The People of the State of New York, Respondent, v. Joseph N. Bollettieri, Appellant.
    Submitted October 17, 1960;
    decided October 20, 1960.
   Motion for enlargement of time granted and case set down for argument during the November, 1960 session of the Court of Appeals, appellant’s brief to be served and filed not later than November 1, 1960.


text:
    The People of the State of New York, Respondent, v. Anne Chopak, Appellant.
    Submitted October 17, 1960;
    decided October 20, 1960.
   Motion for a further enlargement of time granted and case set down for argument during the November, 1960 session of the Court of Appeals.


text:
    The People of the State of New York, Appellant, v. Paul Felberbaum, Respondent.
    Submitted October 17, 1960;
    decided October 20, 1960.
   Motion for enlargement of time granted and case set down for argument during the November, 1960 session of the Court of Appeals.

Motion for leave to submit a typewritten brief on the appeal herein granted.


text:
    The People of the State of New York, Respondent, v. William R. Liss, Appellant.
    Submitted October 17, 1960;
    decided October 20, 1960.
   Motion to have appeal heard upon one copy of the record before the Appellate Division and for assignment of counsel granted and Edward K. O’Shea, Esq., Walbridge Building, Buffalo, New York, assigned as counsel to appellant on the appeal herein.


text:
    The People of the State of New York ex rel. Frank Guido, Respondent, v. Harold Calkins, as Sheriff of the County of Schenectady, Appellant.
    Submitted October 17, 1960;
    decided October 20, 1960.
   Motion by respondent to have appeal heard upon seven copies of his brief before the Appellate Division granted.


text:
    In the Matter of Edmund Poltronieri, Appellant, v. Frederick J. Talasco, an Infant, by Joseph E. Talasco, His Guardian ad Litem, et al., Respondents.
    Submitted October 17, 1960;
    decided October 20, 1960.
   Motion to have appeal heard upon the available copies of the record before the Appellate Division denied.


text:
    Adolf Tausik, Respondent, v. Helen T. Tausik, Appellant.
    Submitted October 17, 1960;
    decided October 20, 1960.
   Motion to have appeal heard upon five copies of the record before the Appellate Division granted, the usual number of printed additional papers and briefs to be filed.


text:
    In the Matter of the Claim of Judy Tucker, Appellant. Isador Lubin, as Industrial Commissioner, Respondent.
    Argued October 6, 1960;
    decided October 20, 1960.
   Reargument ordered and case set down for reargument at the November, 1960 session of the Court of Appeals.


text:
    The People of the State of New York, Appellant, v. Louis L. Olan, Respondent.
    Argued October 19, 1960;
    decided October 21, 1960.

      Frank D. O’Connor, District Attorney (Benj. J. Jacobson of counsel), for appellant.
    No appearance for respondent.
   Order reversed and case remitted to the Court of Special Sessions of the City of New York, Appellate Part, for determination of the questions of fact or discretion raised in that court (Code Grim. Pro., § 543-b). We do not agree with the statement of the court below that if defendant unduly delays his trial the remedy is to increase his bail. No opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Froessel, Van Voorhis, Burke and Foster.


text:
    In the Matter of the Estate of Minerva Berrios, Deceased. Dario Berrios, Respondent; Carmen R. Alequin, Appellant. In the Matter of the Estate of Anibal Berrios, Deceased. Dario Berrios, Respondent; Carmen R. Alequin, Appellant. The People of the State of New York ex rel. Carmen Rita Alequin, Appellant, v. Dario Berrios, Respondent.
    Argued October 12, 1960;
    decided October 21, 1960.

      Dora Aberlin for appellant.

      Joseph Y. Israel, Seymour Cohen and James J. Hanrahan for respondent.
   In each proceeding: Order affirmed, without costs; no opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Froessel, Van Voorhis, Burke and Foster.


text:
    Howard Gooch, Appellant, v. Ronald Shapiro et al., Respondents. (Action No. 1.) Jane Holinko et al., Appellants, v. Ronald Shapiro, Respondent. (Action No. 2.) Adam Orzuchowski, Appellant, v. Ronald Shapiro, Respondent. (Action No. 3.)
    Argued October 12, 1960;
    decided October 21, 1960.

      Benjamin H. Siff and Irving Nitzberg for Howard Gooch, appellant.

      Irving Moldauer and Daniel Cohen for Jane Holinko and Herbert Holinko, appellants, and for Andrew Holinko, respondent.

      Norman C. Harlowe for Adam Orzuchowski, appellant.

      William F. McNulty for Ronald Shapiro, respondent.
   In each action: Judgment affirmed, without costs; no opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Froessel, Van Voorhis, Burke and Foster.


text:
    Anna Wickers, Appellant, v. Mary E. Wickers, Respondent, et al., Defendant.
    Argued October 13, 1960;
    decided October 21, 1960.

      Marshall D. Sweetbaum and York Iguchi for appellant.

      Alexander Gangel for respondent.
   Judgment reversed and new trial granted, with costs to abide the event. The trial court erred in refusing to permit plaintiff to testify fully with respect to the circumstances surrounding her signing of the release in question. The person who procured the release from plaintiff, having witnessed it and taken her “ Acknowledgment Under Oath ”, was sufficiently identified by the release itself, together with her testimony, to have warranted the admissibility of conversations she had with him at the time she signed the release. No opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Froessel, Van Voorhis, Burke and Foster.


text:
    Frances Coiley, Appellant, v. Bettina C. Butler, as Administratrix of the Estate of George Butler, Deceased, Respondent.
    Submitted October 5, 1960;
    decided October 21, 1960.

      Eugene F. Frink for appellant.

      John J. Mulveg, John E. Asch and Milton M. Haven for' respondent.
   Judgment reversed and a new trial granted, with costs to abide the event, upon the grounds that the trial court erred (1) in denying plaintiff full opportunity to impeach the witness Judson on the basis of his prior sworn testimony. (Civ. Prac. Act, § 343-a), and (2) in his conflicting rulings and instructions with respect to intoxication on the issue of plaintiff’s contributory negligence. Since a new trial is necessary, we need not discuss the other alleged errors—viz., the improper comments of the Trial Justice and his rulings in permitting cross-examination of plaintiff concerning Mrs. Hollister. No opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Froessel, Van' Voorhis, Burke and Foster.


text:
    In the Matter of the Accounting of Ben H. Brown, as Ancillary Administrator of the Estate of Ike Menschefrend, Deceased, Appellant. Louis J. Lefkowitz, as Attorney-General of the State of New York, Respondent.
    Argued October 6, 1960;
    decided October 21, 1960.

      Theodore Garris for appellant.

      Louis J. Lefkowitz, Attorney-General (Daniel M. Cohen and Paxton Blair of counsel), for respondent.
   Decree of the Surrogates’ Court entered upon the order of the Appellate Division affirmed, with costs to all parties appearing separately and filing separate briefs payable out of the bank funds; no opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Froessel, Van Voorhis, Burke and Foster.


text:
    In the Matter of the Claim of Thomas J. Dougherty, Respondent, v. J. F. Quakenbush Waverly Stage Co. et al., Respondents, and Special Disability Fund, Appellant. Workmen’s Compensation Board, Respondent.
    Argued October 10, 1960;
    decided October 21, 1960.

      John M. Cullen for appellant.

      Morris N. Lissauer, Charles G. Tierney and George J. Hayes for respondents:
   Order affirmed, with costs to respondents employer and carrier against the Special Disability Fund; no opinion.

Concur: Chief Judge Desmond and Judges Dye, Froessel, Van Voorhis, Burke and Foster. Judge Fuld dissents and votes to reverse the order of the Appellate Division and to reinstate the determination of the Workmen’s Compensation Board.


text:
    Bella Naphtali, Appellant, and Mathias Naphtali, Respondent, v. Irving Lafazan, Respondent-Appellant.
    Argued October 13, 1960;
    decided October 21, 1960.

      Benjamin Heller, Harry H. Lipsig and Mathias Naphtali for Bella Naphtali, appellant.

      Richard J. Relyea, II, for respondent-appellant.

      Benjamin Heller, Harry H. Lipsig and Mathias Naphtali, in person, for Mathias Naphtali, respondent.
   On appeals from judgment: Judgment affirmed, without costs. On appeal from order granting a new trial as to the second cause of action: Order affirmed, judgment absolute directed against defendant-respondent-appellant on the stipulation and matter remitted to the trial court for the assessment of damages. No opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Froessel, Van Voorhis, Burke and Foster.


text:
    Ileana Adlerman, Respondent, v. Edwin J. Adlerman, Appellant.
    Argued October 12, I960;
    decided November 17, 1960.

      Harry Matter, Samuel Nirenstein and Seymour Post for appellant.

      Morris H. Halpern for respondent.
   Judgment affirmed, with costs; no opinion. Motion denied.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Froessel, Van Voorhis, Burke and Foster.


text:
    In the Matter of the Accounting of John C. Glenn, Public Administrator of Queens County, as Administrator C. T. A. of the Estate of Emily Powers, Deceased, Respondent. Christopher E. Mooney et al., Appellants; Henry E. Ashcroft, as Special Guardian for Unknown Distributees of Emily Powers, Deceased, et al., Respondents.
    Submitted October 6, 1960;
    decided November 17, 1960.

      William A. Butler for appellants.

      George W. Herz for respondent,
   Order affirmed, with costs to all parties appearing separately and filing separate briefs, payable out of the estate; no opinion.

Concur': Chief Judge Desmond and Judges Dye, Fuld, Froessel, Van Voorhis, Burke and Foster.


text:
    The People of the State of New York, Respondent, v. William Hernandez, Appellant.
    Argued October 10, 1960;
    decided November 17, 1960.

      Henry B. Rothblatt for appellant.

      Isidore Dollinger, District Attorney (Walter E. Dillon of counsel), for respondent.
   Judgment affirmed; no opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Froessel, Van Voorhis, Burke and Foster.


text:
    Joseph F. Guercio et al., Plaintiffs, and Angelo Albanese et al., Appellants, v. Lawrence E. Gerosa, as Comptroller of the City of New York, et al., Respondents.
    Argued October 4, 1960;
    decided November 17, 1960.

      Morris Weissberg for appellants.

      Charles H. Tenney, Corporation Counsel (Leon A. Fischel and Seymour B. Quel of counsel), for respondents.
   Judgment affirmed, without costs; no opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Froessel, Van Voorhis and Foster. Taking no part: Judge Burke.


text:
    Henry C. Polk, as Administrator of the Estate of Henry C. Polk, Jr., Deceased, et al., Appellants, v. New York Central Railroad Company et al., Respondents.
    Argued October 20, 1960;
    decided November 17, 1960.

      Jacob D. Fuchsberg for appellants.

      Jerome H. Shapiro, Gerald E. Dwyer and Edward J. Murphy for New York Central Railroad Company, respondent.

      Robert M. Peet and Edmund J. Moore for New York, New Haven and Hartford Railroad Company, respondent.
   Judgment affirmed, without costs; no opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Froessel, Van Voorhis, Burke and Foster.


text:
    Arnold Schildhaus, Respondent, v. City of New York, Appellant.
    Argued October 19, 1960;
    decided November 17, 1960.

      Charles H. Tenney, Corporation Counsel (John A. Murray and Seymour B. Quel of counsel), for appellant.

      Alfred S. Julien for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Froessel, Van Voorhis, Burke and Foster.


text:
    In the Matter of Hazel Schine, as Executrix of Edith Goodman, Deceased, Respondent, v. Town of Great Valley et al., Appellants, and Killbuck Fire District et al., Respondents. Workmen’s Compensation Board, Respondent.
    Argued October 19, 1960;
    decided November 17, 1960.

      Morris N. Lissauer, Charles G. Tierney and George J. Hayes for appellants.

      Louis J. Lefkowitz, Attorney-General (Gilbert M. Landy, Paxton Blair and Roy Wiedersum of counsel), for Workmen’s Compensation Board, respondent.

      Thomas J. Kelly and Noel S. Symons for Hartford Accident and Indemnity Company, respondent.
    No appearance for claimant-respondent.
   Order affirmed, without costs. We agree with the Appellate Division that, reading the policy as written and in the light of this record, as well as the provisions of sections 176 and 176-a of the Town Law relating to the powers and duties of Fire Commissioners, the board was justified in making the award to claimant. We decide no other question. No opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Froessel, Van Voorhis and Burke. Taking no part: Judge Foster.


text:
    In the Matter of University Properties, Inc., Appellant, v. Robert C. Weaver, as State Rent Administrator, Respondent, and Louis Perlstein, Intervenor-Respondent.
    Argued October 17, 1960;
    decided November 17, 1960.

      Samuel Lawrence Brennglass for appellant.

      Emory Gardiner and Harold Zucker for respondent.

      Eugene J. Morris and Robert C. Hammerling for intervene r-respondent.
   Order affirmed, with costs; no opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Froessel, Van Voorhis, Burke and Foster.


text:
    Louis M. Ehrlich, Appellant, v. C. B. S. Columbia, Inc., Respondent, et al., Defendant.
    Argued October 12,1960;
    decided November 17, 1960.

      Benjamin H. Siff and Morris H. Misbin for appellant.

      Richard E. Shandell, Desmond T. Barry and Edward A. Shandell for respondent.
   Judgment affirmed, without costs; no opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Froessel, Van Voorhis, Burke and Foster.


text:
    Concetta R. Alesi, as Administratrix of the Estate of Ignazio R. Alesi, Deceased, Appellant, v. City of New York et al., Respondents.
    Submitted November 14, 1960;
    decided November 17, 1960.
   Motion to have appeal heard upon five copies of the record before the Appellate Division granted, the usual number of printed additional papers and briefs to be filed.


text:
    John M. Andrews et al., Respondents, v. State of New York et al., Appellants.
    (Claim No. 34211.)
    Submitted November 14,1960;
    decided November 17, 1960.
   Motion to resettle the order of the Court of Appeals, dated October 6,1960 (8 N Y 2d 708), to show that leave to appeal was thereby granted to the State of New York as Avell as to the PoAver Authority of the State of New York granted.


text:
    B & H Management Corp., Respondent, v. Hardware Mutual Casualty Company, Appellant.
    Submitted November 14,1960;
    decided November 17, 1960.

      Joseph Heller for motion.

      August G. Flamman opposed.
   Motion denied.


text:
    George E. Brady, as Administrator of the Estate of John Brady, Deceased, Appellant, v. Patricia Du Vivier, Respondent.
    Submitted November 14,1960;
    decided November 17, 1960.
   Motion for leave to prosecute the appeal as a poor person granted.


text:
    Charles F. Vachris, Inc., Appellant, v. Staten Island Rapid Transit Railway Company, Respondent, et al., Defendants.
    Submitted November 14,1960;
    decided November 17, 1960.

      Emil V. Pilz for motion.

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


text:
    Joseph U. Fiore, Appellant, v. Pasquale Amoruso et al., Respondents, and Frank Ferrino et al., Intervenors-Respondents.
    Submitted November 14, 1960;
    decided November 17, 1960.
   Motion to dismiss appeal granted and appeal dismissed, with costs and $10 costs of motion, unless, within 20 days, appellant serves and files an undertaking on appeal and pays $10 costs, in which events motion denied.


text:
    Fordham University, Respondent, v. Walter N. Smith et al., Appellants.
    Submitted November 14, 1960;
    decided November 17, 1960.

      A. Carleton Dukess for motion.

      Walter N. Smith, in person, opposed.
   Motion granted and appeal dismissed, with costs and $10 costs of motion, upon the ground that this court lacks jurisdiction to entertain it (Civ. Prac. Act, § 588, subd. 1, par. [b]; see § 589, subd. 1, par. [b]).


text:
    Frank Gielskie, Appellant, v. State of New York, Respondent.
    (Claim No. 34380.)
    Submitted November 14, 1960;
    decided November 17, 1960.
   Motion to have appeal heard upon three copies of the record before the Appellate Division granted, the usual number of printed additional papers and briefs to be filed.


text:
    Veronica Kiernan, Appellant, v. Roman Catholic Church of St. John the Evangelist, Respondent.
    Submitted November 14, 1960;
    decided November 17, 1960.
   Motion for leave to prosecute the appeal as a poor person granted.


text:
    John H. Kleinert, Respondent, v. Webb & Knapp, Inc., et al., Appellants, and Isidore Rosen & Sons, Inc., Respondent-Appellant, et al., Defendant. Webb & Knapp Construction Corp., Third-Party Plaintiff-Appellant, v. Armor Elevator Co., Inc., Third-Party Defendant-Respondent.
    Submitted November 14, 1960;
    decided November 17, 1960.

      Harold V. McCoy for motion.

      John Nielsen and John P. Smith opposed.
   Motion denied upon the ground that an appeal lies as of right.


text:
    In the Matter of American Chicle Company, Appellant, v. State Tax Commission, Respondent.
    Submitted November 14, 1960 ;
    decided November 17, 1960.

      Leo A. Diamond for motion.

      Louis J. Lefkowitz, Attorney-General (Paxton Blair and Robert W. Bush of counsel), opposed.
   Motion denied upon the ground that an appeal lies as of right.


text:
    In the Matter of the Construction of the Will of Dominick A. Bracalello, Deceased. County Trust Company as Coexecutor of Dominick A. Bracalello, Deceased, et al., Respondents; Ann Briante et al., Appellants.
    Submitted November 14, 1960;
    decided November 17, 1960.

      Timothy J. Sullivan and Lester E. Tomback for motion.
    No one opposed.
   Motion to dismiss appeal granted and appeal dismissed, with costs and $10 costs of motion, upon the ground that an appeal does not lie as of right (Civ. Prac. Act, § 588).


text:
    In the Matter of the Claim of Adolf Eckhaus, Appellant, v. Adeck Stores, Inc., et al., Respondents. Workmen’s Compensation Board, Respondent.
    Submitted November 14, 1960;
    decided November 17, 1960.
   Motion to have appeal heard upon the available copies of the record before the Appellate Division denied.


text:
    The People of the State of New York, Appellant, v. Abbott Maintenance Corporation, Defendant, and Instalment Department, Inc., Respondent.
    Submitted November 14, 1960 ;
    decided November 17, 1960.

      Louis J. Lefkowitz, Attorney-General (Samuel A. Hirshowitz, George G. Mantzoros and Gretchen W. Overman of counsel), for motions for leave to appeal and for a stay and opposed to motion to dismiss appeal.

      Herman S. Axelrod opposed to motions for leave to appeal and for a stay and for motion to dismiss appeal.
   Motion for leave to appeal denied upon the ground that an appeal lies as of right (Civ. Prac. Act, § 588, subd. 1, par. [b], cl. [ii]).

Motion to dismiss appeal taken as of right denied.

Motion for a stay denied. Case set down for argument during the January, 1961 session of the Court of Appeals.


text:
    The People of the State of New York, Respondent, v. Jacob Berger, Appellant.
    Submitted November 14, 1960;
    decided November 17, 1960.
   Motion for a further enlargement of time granted and case set down for argument during the January, 1961 session of the Court of Appeals.


text:
    The People of the State of New York, Respondent, v. Norman J. Brabson, Appellant.
    Submitted November 14, I960';
    decided November 17, 1960.
   Motion for a further enlargement of time granted and case set down for argument during the January, 1961 session of the Court of Appeals.


text:
    The People of the State of New York, Respondent, v. Lila Duarte, Appellant.
    Submitted November 14, 1960;
    decided November 17, 1960.
   Motion for enlargement of time granted and case set down for argument during the January, 1961 session of the Court of Appeals.


text:
    The People of the State of New York, Respondent, v. Richard McGuinness, Appellant.
    Submitted November 14, 1960;
    decided November 17, 1960.
   Motion to have appeal heard upon the original record and for assignment of counsel granted and Nathan A. Bork, Esq., of 17 Court Street, Buffalo, New York, assigned as counsel to appellant on the appeal herein.

Motion for enlargement of time granted and case set down for argument during the January, 1961 session of the Court of Appeals.


text:
    The People of the State of New York, Respondent, v. Ralph Downs, Appellant.
    Submitted November 14, 1960;
    decided November 17, 1960.
   Motion for an order pursuant to section 503 of the Code of Criminal Procedure granted and the week commencing Monday, January 2, 1961 fixed for the execution of the death sentence herein. [See 8 N Y 2d 860.]


text:
    The People of the State of New York, Respondent, v. James Noble and Ella Barber, Appellants.
    Submitted November 14, 1960;
    decided November 17, 1960.
   Motion by appellant Noble for enlargement of time granted and his appeal set down for argument during the January, 1961 session of the Court of Appeals. On the court’s own motion, the time of appellant Barber is enlarged and her appeal set down for argument during the January, 1961 session of the Court of Appeals.


text:
    The People of the State of New York, Respondent-Appellant, v. George William Randall, Appellant-Respondent.
    Submitted November 14,1960;
    decided November 17, 1960.
   Motion by defendant to have his appeal heard upon the available copies of the record before the Appellate Division and typewritten additional papers granted, the usual number of printed briefs to be filed.


text:
    The People of the State of New York, Respondent, v. Luis Manuel Rosario, Appellant.
    Submitted November 14, 1960;
    decided November 17, 1960.
   Motion for a further enlargement of time granted and case set down for argument during the January, 1961 session of the Court of Appeals.


text:
    The People of the State of New York, Respondent, v. Sol Steinhardt, Appellant.
    Submitted November 14, 1960;
    decided November 17, 1960.
   Motion for a further enlargement of time granted and case set down for argument during the January, 1961 session of the Court of Appeals.


text:
    The People of the State of New York, Respondent, v. Paul Urano, Appellant.
    Submitted November 14, 1960;
    decided November 17, 1960.
   Motion for enlargement of time granted and case set down for argument during the January, 1961 session of the Court of Appeals.


text:
    The People of the State of New York, Respondent, v. Mayer Zuckerman, Appellant.
    Submitted November 14, 1960;
    decided November 17, 1960.
   Motion for enlargement of time granted and case set down for argument during the January, 1961 session of the Court of Appeals.


text:
    The People of the State of New York ex rel. Ferdinand Baumgart, Appellant, v. Walter B. Martin, as Warden of Attica Prison, Respondent.
    Submitted November 14, 1960;
    decided November 17, 1960.
   Motion for leave to prosecute appeal as a poor person and for assignment of counsel granted and Bobert M. Cipes, Esq., of 580 Fifth Avenue, New York City, assigned as counsel to appellant on the appeal herein.

Motion for an extension of time granted and case set down for argument during the January, 1961 session pf the Court of Appeals.


text:
    The People of the State of New York ex rel. Charles J. Wilkinson, Appellant, v. Daniel McMann, as Warden of Clinton Prison, Respondent.
    Submitted November 14, 1960;
    decided November 17, 1960.
   Motion for leave to prosecute appeal as a poor person and for assignment of counsel granted and Carroll J. Mealey, Esq., 90 State Street, Albany, New York, assigned as counsel to appellant on the appeal herein.


text:
    Saint Nicholas Cathedral of the Russian Orthodox Church of North America, Appellant, v. Wassil A. Kreshik, as Dean of Saint Nicholas Cathedral, et al., Respondents.
    Submitted November 14, 1960;
    decided November 17, 1960.
   Motion to amend remittitur in the above cause to conform with the mandate of the Supreme Court of the United States granted. Return of remittitur requested and, when returned, it will be amended to read as follows: Judgment affirmed, with costs. [See 7 N Y 2d 191, 363 IT. S. 190.]


text:
    Yetta Wakschal et al., Appellants, v. Century Estates, Inc., Respondent.
    Submitted November 14, 1960;
    decided November 17, 1960.

      I. Sidney Worthman for motion.

      Moses M. Falk opposed.
   Motion granted and appeal dismissed, with costs and $10 costs of motion, upon the ground that the determination sought to be reviewed involves a pure question of discretion of the type not reviewable by the Court of Appeals.


text:
    In the Matter of Toby Greenspan, Appellant. Irving Greenspan, Respondent.
    Argued November 14, 1960;
    decided November 30, 1960.

      Benjamin C. Klores and Paul Klores for appellant.

      Harold Gellman for respondent.
   Order affirmed, without costs; no opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Froessel, Van Voorhis, Burke and Foster.


text:
    The People of the State of New York, Respondent, v. Alberto L. De Lamela, Appellant.
    Argued October 20, 1960;
    decided November 30, 1960.

      Daniel H. Greenberg for appellant.

      Manuel W. Levine, District Attorney (Henry P. De Vine of counsel), for respondent.
   Judgment affirmed; no opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Froessel, Van Voorhis, Burke and Foster.


text:
    In the Matter of Lucille Boss, Appellant, v. Joseph J. Caputa, as State Rent Administrator, Respondent, and Charlene Grenard, Intervenor-Respondent.
    Argued October 13, 1960;
    decided November 30, 1960.

      Basil R. Pollitt and M. Kenneth Boss for appellant.

      Emory Gardiner and Harold Zucker for respondent.
   Order affirmed, with costs to the State Rent Administrator: no opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld and Foster. Judges Froessbl, Van Voorhis and Burke dissent and vote to reverse in the following memorandum: We find ourselves unable to acquiesce in this inconsistent approach to decontrol, whereby the upper and lower portions of a single building, renovated as part of one over-all scheme, are severed and treated differently for purposes of decontrol. The statute when fairly read in the light of the salutary policy which impelled its enactment dictates that full decontrol should be here granted.


text:
    John G. Tarrant et al., Respondents, v. Incorporated Village of Roslyn et al., Appellants.
    Argued October 17, 1960;
    decided November 30, 1960.

      Clarence E. Steinberg and Harry Krauss for appellants.

      Jules Martin, C. Ellis Schiffmacher and Howard A. Rochford for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Froessel, Van Voorhis, Burke and Foster.


text:
    The People of the State of New York, Respondent, v. Namro Holding Corp., Appellant.
    Argued October 3, 1960;
    decided November 30, 1960.

      Abraham Engelman and Jacob W. Friedman for appellant.

      Charles H. Tenney, Corporation Counsel (Alfred Weinstein, Seymour B. Quel and Elias Low of counsel), for respondent.
   Judgment affirmed; no opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Burke and Foster; Judges Froessel and Van Voorhis dissent and vote to reverse in the following memorandum: The majority of this court has voted to affirm upon the ground that the propriety of the notice of violation may not be collaterally reviewed in this criminal action, and without reaching the question as to whether there was in fact a violation of the fire exit rules. With this we cannot agree.


text:
    The People of the State of New York, Respondent, v. Lawrence Robert Lane, Appellant.
    Argued October 19, 1960;
    decided November 30, 1960.

      Joseph Lonardo for appellant.

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

Concur: Chief Judge Desmond and Judges Dye, Fuld, Froessel, Van Voorhis, Burke and Foster.


text:
    Hill’s Supermarkets, Inc., Respondent, v. Stony Brook Dairies, Inc., Appellant.
    Argued November 14, 1960;
    decided November 30, 1960.

      Herbert L. Maltinsky, Harry L. Marcus and Robert B. Marcus for appellant.

      Edwin J. Freedman for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Froessel, Van Voorhis, Burke and Foster.


text:
    Blanche Bernard, Respondent, v. Seyopp Corp. et al., Appellants.
    Submitted November 28,1960;
    decided November 30, 1960.

      Arthur D. Spatt for motions.

      Dominick R. Santomenna opposed.
   Motion for a preference granted and case set down for argument during the week of January 2, 1961.

Motion to preclude granted unless the brief be served and filed on or before December 15, 1960.


text:
    Le Roy Donovan, Respondent, v. Lawrence C. Bender et al., Appellants.
    Submitted November 28, 1960;
    decided November 30, 1960.
   Motion to vacate order of the Court of Appeals dated November 12,1960, dismissing the appeal herein, granted upon condition that appellant, within 15 days, serves and files the record and its brief and pays $10 costs; otherwise, motion denied.


text:
    Florence Krieger, Appellant, v. Holy Name Church, Respondent.
    Submitted November 28, 1960;
    decided November 30, 1960.
   Motion to dismiss appeal denied, appellant’s brief, if any, to be served and filed within 15 days.


text:
    In the Matter of the American Jewish Congress, Respondent, v. Elmer A. Carter et al., Constituting the State Commission Against Discrimination, Respondents, and Arabian American Oil Company, Appellant.
    Submitted November 28, 1960;
    decided November 30, 1960.
   Motion to dismiss appeal withdrawn.


text:
    In the Matter of the Construction of the Will of Dominick A. Bracalello, Deceased. County Trust Company, as Coexecutor of Dominick A. Bracalello, Deceased, et al., Respondents; Ann Briante et al., Appellants.
    Submitted November 28, 1960;
    decided November 30, 1960.

      J. Raymond McGovern for motion.

      Lester E. Tomback opposed.
   Motion dismissed upon the ground that it was not made within the time limited by statute (Civ. Prac. Act, § 592, subd. 3). (See 9 NY 2d 635.)


text:
    In the Matter of Jambs J. Healy, an Attorney, Appellant. Association of the Bar of the City of New York, Respondent.
    Submitted November 14,1960;
    decided November 30, 1960.

      Raymond P. Whearty and Eric Nightingale for motion.

      Samuel Segal and Philip Segal opposed.
   Motion granted and appeal dismissed upon the ground that there is no constitutional question directly involved.


text:
    In the Matter of Dorothea Matthews, Appellant, v. Mark Matthews, Respondent.
    Submitted November 28,1960;
    decided November 30, 1960.

      George Naiman for motion.

      Vincent L. Pitaro opposed.
   Motion granted and appeal dismissed upon the ground that the Court of Appeals lacks jurisdiction to entertain it. (N. Y. Const., art. VI, § 7, subd. [7].)


text:
    In the Matter of Herbert H. Weitz, an Attorney, Appellant. Bronx County Bar Association, Respondent.
    Submitted November 14, 1960;
    decided November 30, 1960.
   Motion to have appeal heard upon the original record granted.


text:
    In the Matter of Herbert H. Weitz, an Attorney, Appellant. Bronx County Bar Association, Respondent.
    Submitted November 28, 1960;
    decided November 30, 1960.

      Morris Lyman and Donald Diamond for motion to dismiss appeal and opposed to motion for stay.

      William Auerbach opposed to motion to dismiss appeal and for motion for stay.
   Motion to dismiss appeal denied.

Motion for a stay denied.


text:
    The People of the State of New York, Respondent, v. Francis Henry Bloeth, Appellant.
    Submitted November 28,1960;
    decided November 30, 1960.
   Motion for enlargement of time granted and case set down for argument during the January, 1961 session of the Court of Appeals.


text:
    The People of the State of New York, Respondent, v. William Davidson, Appellant.
    Submitted November 28,1960;
    decided November 30, 1960.
   Motion to have appeal heard upon the original record and typewritten briefs and for assignment of counsel granted.


text:
    The People of the State of New York, Respondent, v. James Freeman, Appellant.
    Submitted November 28, 1960;
    decided November 30, 1960.
   Motion to have appeal heard upon the original record and for assignment of counsel granted and Anthony F. Marra, Esq., 100 Centre Street, New York City, and James T. Boorsch, Esq., 40 Wall Street, New York City, assigned as counsel to appellant on the appeal herein.


text:
    The People of the State of New York, Appellant, v. John Hulsen and James Weber, Respondents.
    Submitted November 28, 1960;
    decided November 30, 1960.
   Motion for enlargement of time granted and case set down for argument during the January, 1961 session of the Court of Appeals.


text:
    The People of the State of New York, Respondent, v. Marjorie P. Nickel, Appellant.
    Submitted November 28, 1960;
    decided November 30, 1960.
   Motion to dispense with the printing of the minutes on the appeal herein granted.


text:
    The People of the State of New York, Appellant-Respondent, v. George William Randall, Respondent-Appellant.
    Submitted November 28, 1960;
    decided November 30, 1960.
   Motion by the People to have appeal heard upon the available copies of the record before the Appellate Division and typewritten additional papers granted.


text:
    The People of the State of New York, Respondent, v. Walker Stigler, Appellant.
    Submitted November 28, 1960;
    decided November 30, 1960.
   Motion for enlargement of time granted and case set down for argument during the January, 1961 session of the Court of Appeals.


text:
    The People of the State of New York, Appellant, v. Richard Wuest, Respondent.
    Submitted November 28, 1960;
    decided November 30, 1960.

      Joe Schapiro for motion and opposed to cross motion.

      Spencer G. Feldmann, District Attorney, opposed to motion and for cross motion.
   Motion denied.

Cross motion granted and case set down for argument during the January, 1961 session of the Court of Appeals.


text:
    The People of the State of New York ex rel. George Bartlam, Appellant, v. Robert E. Murphy, as Warden of Auburn Prison, Respondent.
    Submitted October 3, 1960;
    decided November 30, 1960.

      Louis J. Lefkowitz, Attorney-General (Paxton Blair of counsel), for motion to dismiss appeal and opposed to motion to prosecute appeal as poor person.

      Eugene L. Wishod opposed to motion to dismiss appeal and for motion to prosecute appeal as poor person.
   Motion to dismiss appeal denied.

Motion to prosecute appeal as a poor person granted.


text:
    University Gardens Property Owners Association, Inc., Respondent, v. University Gardens Corporation et al., Appellants.
    Submitted November 14, 1960;
    decided November 30, 1960.

      Lawrence W. McKeown for motion.

      Charles R. Van de Walle and Emerson F. Davis opposed.
   Motion dismissed, with $10 costs and necessary printing disbursements, upon the ground that the motion in the Appellate Division for leave to appeal to the Court of Appeals was not timely made. (See, e.g., First Bank & Trust Co. of South Bend v. Small, 5 N Y 2d 844; Howe v. Howe, 304 N. Y. 737.)


text:
    The People of the State of New York, Respondent, v. Michael A. Garcia, Appellant.
    Argued November 15, 1960;
    decided December 1, 1960.

      William Grace Crane for appellant.

      Frank D. O’Connor, District Attorney (Benj. J. Jacobson of counsel), for respondent.
   Order reversed and case remanded to the Appellate Division for reinstatement of the appeal to be heard upon the original papers (People v. Borum, 8 N Y 2d 177). On such reinstated appeal appellant will be entitled either to have a copy of the original papers or to assignment of counsel (People v. Kalan, 2 N Y 2d 278; People v. Breslin, 4 N Y 2d 73). No opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Froessel, Van Voorhis, Burke and Foster.


text:
    La Rue Quick et al., Appellants, v. Town of Owego, Respondent.
    Argued October 19, 1960;
    decided December 1, 1960.

      Harry S. Travis for appellants.

      Lewis B. Parmerton and H. Edwin Mountford for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Froessel, Burke and Foster. Judge Van Voorhis dissents and votes to reverse for the reasons stated in the opinion at Special Term and in the dissenting opinion of Justice Reynolds in the Appellate Division.


author: Burke, J. (dissenting).

text:
    In the Matter of the Claim of Judy Tucker, Appellant. Isador Lubin, as Industrial Commissioner, Respondent.
    Argued October 6, 1960;
    reargued November 29, 1960;
    decided December 1, 1960.

      Arthur Kamell and George A. Nicolaw for appellant.

      Louis J. Lefkowitz, Attorney-General (Samuel Stern and Harold F. Lee of counsel), for respondent.
   Upon reargument: Order reversed, with costs, and the decision of the Unemployment Insurance Appeal Board reinstated upon the ground that there was adequate support in the record for the board’s finding that claimant was not reasonably fitted by training and experience to take a position as typist (Labor Law, § 591, subd. 2; Matter of Burger [Corsi], 303 N. Y. 654).

Concur: Chief Judge Desmond and Judges Dye, Fuld and Nolan. Judge Burke dissents in the following opinion, in which Judges Froessel and Van Voorhis concur.

Burke, J. (dissenting).

Where a claim for benefits under article 18 of the Labor Law can be recognized only if the claimant’s employment as a typist, secured through an oral and written representation made by the claimant that she was a skilled typist and had been previously employed as such, is accepted by the Department of Labor as a necessary part of the required period of covered employment, it cannot be said that there is substantial evidence that the claimant is not reasonably fitted by training and experience to be a typist.

The claimant, having proven by an approved performance that she was well qualified to be a typist by the training and experience she had asserted she possessed, is as a matter of law ineligible for unemployment insurance benefits when she refuses a re-employment as a typist by the satisfied former employer (Labor Law, § 591, subd. 2).

Therefore, the order of the Appellate Division should be affirmed.

Order reversed, etc.

       Designated pursuant to section 5 of article VI of the State Constitution in place of Judge Postee, disqualified.


text:
    Lucile M. Ferguson, Respondent, v. Joseph B. Ferguson, Appellant.
    Argued October 17, I960;
    decided December 1, 1960.

      David I. Shivitz and Leonard Belford for appellant.

      Mortimer H. Tischler and Charles W. Silver for respondent.
   Order of Appellate Division reversed, without costs, and that of Special Term reinstated upon the opinion of Mr. Justice Pette. No opinion. Motion denied.

Concur: Judges Dye, Froessel, Van Voorhis and Foster. Chief Judge Desmond and Judges Fuld and Burke dissent and vote to affirm upon the ground that on this record the question was solely one of discretion for the lower courts.


text:
    The People of the State of New York, Respondent, v. Jerry Robertson, Appellant.
    Argued November 14, 1960;
    decided December 1, 1960.

      Charles F. Crimi for appellant.

      Frank S. Hogan, District Attorney (Daniel J. Sullivan and Harold Roland Shapiro of counsel), for respondent.
   Orders reversed and case remanded to the Appellate Division for reinstatement of the appeals to be heard upon the original papers (People v. Borum, 8 N Y 2d 177). On such reinstated appeals appellant will be entitled either to have a copy of the original papers or to assignment of counsel (People v. Kalan, 2 N Y 2d 278; People v. Breslin, 4 N Y 2d 73). No opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Froessel, Van Voorhis, Burke and Foster.


text:
    In the Matter of the Final Accounting of Bankers Trust Company et al., as Trustees under the Will of Simeon Ford, Deceased. Yale University et al., Appellants; Quintin Ford, Respondent.
    Argued November 15, 1960;
    decided December 1, 1960.

      Stephen P. Duggan, Jr., John F. Brosnan, James W. Mason and Judson W. Pearl for Yale University and the New York Foundling Hospital, appellants.

      Louis J. Lefkowitz, Attorney-General (Kenneth D. Shearer and Samuel A. Hirshowitz of counsel), for ultimate charitable beneficiaries, appellants.

      Peter J. Kooiman and John J. Abberley for respondent.
   Order affirmed, with costs to all parties appearing separately and filing separate briefs, payable out of the fund; no opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Froessel, Van Voorhis, Burke and Foster.


text:
    William F. Kunze, Appellant, v. Joshua W. Jones, Respondent.
    Argued November 15, 1960;
    decided December 1, 1960.

      Jacob K. Wexler and Jerome Brown for appellant.

      Harold Y. MacCartney for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Froessel, Van Voorhis, Burke and Foster.


author: Per Curiam.

text:
    Richard J. Barry et al., Appellants, v. Town of Glenville et al., Respondents.
    Argued October 21, I960;
    decided December 1, 1960.

      Morris Marshall Coln for appellants.

      Bernard T. McGivern for John S. Gardner, Alice V. Gardner and the Ridgewood Club., Inc., respondents.
   Per Curiam.

Regardless of the alleged invalidity of the 1957 amendment purporting to change the districting of the subject property from “ A ” single-family residential to “ C ” multiple dwelling, the testimony indicates failure to comply with the requirements of section 264 of the Town Law regarding posting and publication of the original districting of the area in 1951. For this reason the judgment appealed from should be affirmed, without costs.

Chief Judge Desmond and Judges Dye, Fuld, Froessel, Van Voorhis and Burke concur. Judge Foster taking no part.

Judgment affirmed.


text:
    Julius M. Gerzof, Appellant, v. Town of Huntington, Respondent.
    Submitted November 28, 1960;
    decided December 1, 1960.
   Motion to amend remittitur granted. Return of remittitur requested and, when returned, it will be amended to read: Judgment affirmed, without costs. [See 8 N T 2d 788.]


text:
    In the Matter of the Claim of Jean Benjamin, Appellant, v. Kaplan Electric Co. et al., Respondents. Workmen’s Compensation Board, Respondent.
    Submitted November 28, 1960;
    decided December 1, 1960.
   Motion to have appeal heard upon the available copies of the record before the Appellate Division and for an extension of time to serve and file the record on appeal herein granted to the extent that appellant may prosecute the appeal upon three copies of the Appellate Division record and the usual number of printed additional papers to be filed with this court on or before December 15, 1960.


text:
    In the Matter of the Accounting of Ben H. Brown, as Ancillary Administrator of the Estate of Ike Menschefrend, Deceased, Appellant. Louis J. Lefkowitz, as Attorney-General of the State of New York, Respondent.
    Submitted November 28, 1960;
    decided December 1, 1960.
   Motion to amend remittitur granted. Return of remittitur requested and, when returned, it will be amended by adding thereto the following: There were presented and necessarily passed upon questions under the Constitution of the United States, viz.: Whether paragraph (b) of subdivision 1 of section 600 of the Abandoned Property Law and section 272 of the Surrogate’s Court Act and the Appellate Division order and the decree entered thereon are void and unconstitutional, as denying due process of law under the Fourteenth Amendment, in that they compel delivery to the Comptroller of the State of New York of legacies of the unknown persons by estate representatives and by appellant without any requirement of notice. The Court of Appeals held that there was no violation of appellant’s constitutional rights under the Fourteenth Amendment. [See 8 N Y 2d 1093.]


text:
    The People of the State of New York, Respondent, v. David Coleman, Appellant.
    Submitted November 29, 1960;
    decided December 1, 1960.
   Application for assignment of counsel granted and John B. Corcoran, Esq., Walbridge Building, Buffalo, New York, assigned as counsel to appellant on the appeal herein.


text:
    The People of the State of New York, Respondent, v. Charles Konono, Appellant.
    Submitted November 28, 1960;
    decided December 1, 1960.
   Motion to have appeal heard upon the original record and for assignment of counsel granted and Wilfred Caron, Esq., of 29 Broadway, New York City, assigned as counsel to appellant on the appeal herein.


text:
    Ida J. Vernon et al., Respondents, v. Sarra, Inc., Appellant, and Manufacturers Trust Company, as Successor Committee of the Property of Ethel J. Quin, an Incompetent Person, et al., Respondent. Sarra, Inc., Third-Party Plaintiff-Appellant, v. Manufacturers Trust Company, Third-Party Defendant-Respondent.
    Argued October 17, 1960;
    decided December 1, 1960.
   Reargument ordered during the first week of the January, 1961 session. The Court of Appeals desires to hear argument and will receive additional briefs on two questions: First, whether section 1377 of the Civil Practice Act requires court approval for a lease (original or renewal) for a five-year period but made and signed some time before the date the term is to commence; second, whether the provision of this 1958 lease, printed at folios 197-198 of the record, makes that lease invalid as providing without court approval for a term longer than five years.