PEOPLE v. William J. DELAMATER. (Supreme Court, Appellate Division, First Department. December 8, 1916.) Motion granted. Order filed. as to the sufficiency of the indictment if that question had been raised on the trial. All concur; De Angelis, J., not sitting. The PEOPLE of the State of New York, The PEOPLE, etc., Respt., v. Eric J. ERICK- applts., v. Fred KINGSLEY, respt. (Supreme SON, Applt. (Supreme Court, Appellate Divi-Court, Appellate Division, Third Department. sion, First Department. January 26, 1917.) December 28, 1916.) Judgment and order unaniJudgment and orders affirmed. No opinion. mously affirmed, with costs. Order filed. The PEOPLE of the State of New York, respts., v. Michael FITZGERALD, impleaded with others, applt. (Supreme Court, Appellate Division, Third Department. December 28, 1916.) Appeal dismissed on the authority of People v. Zerillo, 200 N. Y. 443, 93 N. E. 1108. All concur, except Howard' and Woodward, JJ., dissenting. PEOPLE v. Jacob GUTTENBERG. (Supreme Court, Appellate Division, First Department. January 26, 1917.) Motion granted. Order filed. PEOPLE of the State of New York, respt., v. Louis HYMAN, applt. (Supreme Court, Appellate Division, Fourth Department. December 6, 1916.) Judgment of conviction affirmed under the provisions of section 542 of the Code of Criminal Procedure. All concur. The PEOPLE of the State of New York, respondents, v. William JAMES, appellant. (Supreme Court, Appellate Division, Second Department. December 30, 1916.) Judgment of conviction and orders of the County Court of Dutchess County affirmed. No opinion. Stapleton, Mills, Rich, and Putnam, JJ., concur. Carr, J., not voting. PEOPLE of the State of New York, respt., v. Christopher A. KILTS, applt. (Supreme Court, Appellate Division, Fourth Department, December 6, 1916.) Judgment of conviction reversed upon the law and facts and a new trial granted. Held: (1) That the finding that the defendant willfully and knowingly swore falsely is against the weight of the evidence. (2) That the court erred in admitting evidence that the defendant's creditors relied upon statements contained in the affidavit that defendant was worth $10,000. (3) That the court erred in charging the jury upon the question of good character. (4) That a serious question would be presented The PEOPLE of the State of New York, respondents, v. Samuel KLEINHOLTZ, appellant. (Supreme Court, Appellate Division, Second Department. December 15, 1916.) Judgment of conviction of the Court of Special Sessions reversed on argument, and new trial or dered. Jenks, P. J., and Carr, Stapleton, Mills, and Rich, JJ., concur. The PEOPLE of the State of New York, appellants, v. Frank KOEPERSKI and others, respondents. (Supreme Court, Appellate Division, Second Department. December 30, 1916.) Motion denied. The PEOPLE of the State of New York, respondents, v. Herman LEO, appellant. (Supreme Court, Appellate Division, Second Department. December 15, 1916.) Judgment of conviction of the Court of Special Sessions reversed, and defendant discharged. The triers of fact, by whom the defendant was convicted, were not unanimous in the finding of defendant's guilt. It is the duty of this court to redefendant's guilt was not established beyond a view the facts. We are of opinion that the reasonable doubt. Jenks, P. J., and Thomas, Carr, Mills, and Putnam, JJ., concur. The PEOPLE of the State of New York, respondents, v. John McGRATH, appellant. (Supreme Court, Appellate Division, Second De partment. December 30, 1916) Motion de nied. The PEOPLE of the State of New York, respondents, v. John MCPHERSON, appellant, (Supreme Court, Appellate Division, Second Department. December 30, 1916.) Motion granted. Settle order on notice. PEOPLE v. Owen V. MADDEN. (Supreme Court, Appellate Division, First Department December 22, 1916.) Motion granted, unless appellant complies with terms of order. Order filed. The PEOPLE of the State of New York, respondents, v. George MINKOWITZ, appellant. (Supreme Court, Appellate Division, Second De partment. December 30, 1916.) Judgment of conviction of the County Court of Kings County reversed and new trial ordered, because of the violation of defendant's constitutional rights in calling his attorney and trial counsel to the witness stand, and, in the presence of the jury, demanding that he produce certain incriminating papers. People v. Gibson, 218 N. Y. 70, 112 N. E. 730. In People v. Dolan, 186 N. Y. 4. 78 N. E. 569, relied on by respondents, no such ob mjection was raised or passed upon, either during the trial or in the reviewing courts. Jenks, P. J., and Thomas, Stapleton, and Putnam, JJ., concur. Carr, J., not voting. The PEOPLE of the State of New York, respondents, v. George MINKOWITZ, appellant. (Supreme Court, Appellate Division, Second Department. January 19, 1917.) Motion granted, without costs. PEOPLE v. Carl A. ROTH. SAME v. Salvatore DI MURO. (Supreme Court, Appellate Division, First Department. January 12, 1917.) Motions granted. Orders filed. The PEOPLE of the State of New York, (Surespondents, v. James RUSSO, appellant. preme Court, Appellate Division, Second Department. January 12, 1917.) Judgment of conviction of the Court of Special Sessions afThe PEOPLE, etc., Respt., v. Mollie MO-firmed. No opinion. Jenks, P. J., and Thomas, ROSS. Applt. (Supreme Court, Appellate Divi- Stapleton, Rich, and Putnam, JJ., sion, First Department. January 26, 1917.) Judgment affirmed. No opinion. Order filed. The PEOPLE of the State of New York, respt., v. The NEW YORK CENTRAL & HUDSON RIVER RAILROAD COMPANY, applt. (Supreme Court, Appellate Division, Third Department. January 12, 1917.) Judgment and order unanimously affirmed, with costs. PEOPLE V OLLIE WONG. (Supreme Court, Appellate Division, First Department. January 26, 1917.) Motion granted. Order filed. The PEOPLE, etc., Respt., v. William L. OWEN, Applt. (Supreme Court, Appellate Division, First Department. December 29, 1916.) Judgment affirmed. No opinion. Order filed. The PEOPLE of the State of New York, respondents, v. John W. READY, appellant. (Supreme Court, Appellate Division, Second Department. January 19, 1917.) Judgment of conviction of the County Court of Westchester County reversed and a new trial ordered, upon the ground of error in receiving the testimony of Miss Wilber of the history of the complainant's alleged relations with the defendant and others, which was not voluntary complaint or related to the res gestæ, but mere narration reluctantly made to Miss Wilber by reason of her inducing questions. It is also suggested that upon another trial competent evidence of complainant's declarations of parentage of her hild be admitted, unless the People shall dislaim intention to impute the same to the defendant. It is considered that the facts justified submission to the jury of the question whether the defendant was guilty of the crime of incest. Jenks, P. J., and Thomas, Stapleton and Putnam, JJ., concur. Carr, J., not voting. The PEOPLE of the State of New York, repondents, v. Edward Bishop REDMOND, apellant. (Supreme Court, Appellate Division, Second Department. January 19, 1917.) Moion to dispense with printing the record on apeal denied, except as to the exhibits (including he record of the trial of Barker v. Barker), he originals of which may be submitted on he hearing. 162 N.Y.S.-72 concur. The PEOPLE of the State of New York, respondents, v. Margaret H. SANGER, Ethel Byrne and Fannie Mindell, appellants. (Supreme Court, Appellate Division, Second Department. December 11, 1916.) Motion to dismiss appeal from order entered December 5, 1916, granted, and stay vacated, under authority of People v. Mascola, 174 App. Div. 360, 160 N. Y. Supp. 940, decided September 29, 1916. Jenks, P. J., and Carr, Mills, Rich, and Putnam, JJ., concur. The PEOPLE of the State of New York, respondents, v. Harry SCANLON, appellant. (Supreme Court, Appellate Division, Second Department. December 22, 1916.) Judgment of conviction, and order, reversed, and a new trial granted, upon the ground that there is not sufficient corroborative evidence. Jenks, P. J., and Thomas, Carr, Stapleton, and Putnam, JJ., concur. The PEOPLE v. Charles A. SCHAEFER. (Supreme Court, Appellate Division, First Department. January 12, 1917.) Motion denied. Order filed. The PEOPLE of the State of New York, respondents, v. Joseph TORTORA and Morris Hoffman, appellants. (Supreme Court, Appellate Division, Second Department. January 5, 1917.) Judgment of conviction of the Court of Special Sessions affirmed. See People v. Solomon, 174 App. Div. 144, 160 N. Y. Supp. 942. Jenks, P. J., and Carr, Stapleton, Mills, and Rich, JJ., concur. The PEOPLE of the State of New York, respt., v. Edward VALIANT and Paul Carroll, applts. (Supreme Court, Appellate Division, Third Department. December 28, 1916.) Judgment of conviction unanimously affirmed. The PEOPLE of the State of New York, respondents, V. Albin WALLA, appellant. (Supreme Court, Appellate Division, Second Department. December 22, 1916.) Judgment of conviction of the County Court of Kings County reversed, and new trial ordered, on account of errors at folio 181. Upon a new trial the people should be able to present more definite evidence that the defendant was married on January 4, 1916, although the reversal is not based upon insufficiency of the present evidence in that regard. Thomas, Stapleton, Rich, and Putnam, JJ., concur. The PEOPLE, etc., ex rel. John J. FLEMappellant. (Supreme Court, Appellate Division, Second Department. December 30, 1916.) Motion to dismiss appeal granted, without costs. The PEOPLE of the State of New York, respondents, v. John WHALEN, appellant. (Su-ING, respondent, v. Claire O'Neil FLEMING, preme Court, Appellate Division, Second Department. December 30, 1916.) Judgment of conviction of the County Court of Suffolk County reversed, as contrary to the weight of evidence, and new trial ordered. Jenks, P. J., and Stapleton, Mills, and Rich, JJ., concur. Carr, J., not voting. The PEOPLE, etc., ex rel. Daniel H. BAYLIS, respondent, v. The BOARD OF SUPERVISORS OF NASSAU COUNTY et al., respondents; Elmont Cemetery, Inc., intervenerappellant. (Supreme Court, Appellate Division, Second Department. December 15, 1916.) The action of the board of supervisors under section 62 of the Membership Corporation Law was not judicial, but legislative, and is not subject to review by writ of certiorari. People ex rel. O'Connor v. Supervisors, 153 N. Y. 370, 47 N. E. 790. Order reversed, with $10 costs and disbursements, and motion denied without costs. Thomas, Carr, Stapleton, Mills, and Rich, JJ., concur. PEOPLE ex rel. John J. HEANEY, Rel v. Arthur WOODS, as Police Com'r., Respt. (Supreme Court, Appellate Division, First Department. December 22, 1916.) Writ dismissed, and proceedings affirmed, with $50 costs and disbursements. No opinion. Order filed. The PEOPLE of the State of New York, on the relation of Frederick W. HEINRICH, respt., v. Eugene M. TRAVIS, as Comptroller of the State of New York, applt. (Supreme Court, Appellate Division, Third Department. January 9, 1917.) Motion denied. The PEOPLE, etc., ex rel. John J. HICKS, relator, v. Abel E. BLACKMAR, as Justice of the Supreme Court, etc., defendant. (Supreme Court, Appellate Division, Second Department. January 19, 1917.) It appears by the answering affidavit that the justice, having a discretion regarding his calendar, marked this cause off for the term in view of the probable duration of the trial. This did not deprive the parties of their right, under section 990 of the Code of Civil Procedure, to a trial in Kings county at a following Special Term. Motion for writ of mandamus denied, with $10 costs. PEOPLE ex rel. William T. JORDAN, (Su tervener-appellant. (Supreme Court, Appellate dismiss appeal denied. partment. January 16, 1917.) Motion to Division, Second Department. December 15, The PEOPLE, etc., ex rel. William C. A Applt., v. William W. WOTHERSPOON, as BROWER, respondent, v. The BOARD OF SUPERVISORS OF NASSAU COUNTY et Superintendent of Public Works, Respt. al., respondents; Elmont Cemetery, Inc., in-preme Court, Appellate Division, Fourth DeOrder (94 Misc. Rep. 1916.) The action of the board of supervisors 419, 157 N. Y. Supp. 923) affirmed, without under section 62 of the Membership Corporation costs. All concur. Law (Consol. Laws, c. 35) was not judicial, but legislative, and is not subject to review by writ of certiorari. People ex rel. O'Connor v. Supervisors, 153 N. Y. 370, 47 N. E. 790. Or der reversed, with $10 costs and disbursements, and motion denied, without costs. Thomas, Carr, Stapleton, Mills, and Rich, JJ., concur. The PEOPLE ex rel. CITY REAL ESTATE CO. v. Lawson PURDY. (Supreme Court, Appellate Division, First Department. January 26, 1917.) Motion granted, unless appellant complies with terms of order. Order filed. PEOPLE ex rel. EMPIRE LEASING CO. v. MECCA REALTY CO. (Supreme Court, Appellate Division, First Department. December 8, 1916.) Motion denied, with $10 costs. Order filed. The PEOPLE, etc., ex rel. Fannie EPSTEIN, relator, v. George PATTEN, Acting Detective Sergeant, etc., respondent. (Supreme Court, Appellate Division. Second Department. January 19, 1917.) Motion to dismiss appeal denied, on condition that appellant perfect the appeal, place the case on the March calendar, and be ready for argument when reached; otherwise, motion granted. ET, appellant, v. John T. FETHERSTON, as Commissioner of Street Cleaning, etc., and another, respondents. (Supreme Court, Äppellate Division, Second Department. January 19, 1917.) Order affirmed, with $10 costs and disbursements. No opinion. Jenks, P. J., and Stapleton, Mills, and Rich, JJ., concur. Carr, J., not voting. The PEOPLE, etc., ex rel. David G. LEGG v. John P. MITCHEL et al., Respts. (Supreme PEOPLE ex rel. Thomas MURPHY, Applt., Court, Appellate Division, First Department. January 12, 1917.) Order affirmed, with $10 costs and disbursements. No opinion. Order filed. PEOPLE ex rel. Isabel W. G. REED, Respt.. v. NATIONAL ORDER OF THE DAUGH TERS OF ISABELLA et al., Applts. (Supreme Court, Appellate Division, Fourth Department. January 16, 1917.) Motion to dismiss appeal granted, unless appellants file and serve brief by February 1, 1917. PEOPLE ex rel. ROCHESTER, SYRACUSE & EASTERN R. R. CO., applt., v. Daniel MORONEY et al., as Board of Assessors of Town of Montezuma, respts. (Supreme Court, Appe ate Division, Fourth Department. December 9, 1916.) Judgment and order affirmed with costs. All concur. PEOPLE ex rel. Ernest RUESTOW, Respt., BOARD OF EDUCATION OF N. Y., Applt. (Supreme Court, Appellate Division, First Department. January 12, 1917.) Order reversed, with $10 costs and disbursements, and motion denied, with $10 costs, on the authority of People ex rel. Davison v. Williams, 213 N. Y. 130, 107 N. E. 49, and People ex rel. Buck v. Williams, 217 N. Y. 681, 112 N. E. 1070. Order filed. The PEOPLE, etc., ex rel. Margaret H. SANGER et al., appellants, v. WARDEN or Keeper, etc., respondent. (Supreme Court, Appellate Division, Second Department. December 30, 1916.) Motion for stay denied. Court, Appellate Division, Fourth Department. The PEOPLE'S NATIONAL BANK OF BROOKLYN IN NEW YORK, appellant, v. George T. EGBERT et al., respondents. (Supreme Court, Appellate Division, Second Department. December 30, 1916.) Judgment unanimously affirmed, with costs. No opinion. Clarence PERINE, Respt., v. Vito SILVESTER, impld., Applt. (Supreme Court, Appellate Division, First Department. December 22, 1916.) Judgment affirmed, with costs. No opinion. Order filed. Frank L. PERLEY v. Lee SHUBERT (two cases). Henry B. SIRE v. SAME (two cases). (Supreme Court, Appellate Division, First Department. December 22, 1916.) Motions grant The PEOPLE, etc., ex rel. Henry P. TU-ed, with $10 costs. Orders filed. THILL, as County Treasurer, etc., respondent, v. Riley P. HOWELL, as Supervisor, etc., appellant. (Supreme Court, Appellate Division, Second Department. December 30, 1916.) Motion denied on condition that defendant perfect the appeal, place the case on the January calendar, and be ready for argument when reached; otherwise, motion granted, with $10 costs. The PEOPLE, etc., ex rel. Henry P. TUTHILL, etc., respondent, v. Riley P. HOWELL, as Supervisor, etc., appellant. (Supreme Court, Appellate Division, Second Department. January 19, 1917.) Motions denied, without costs. PEOPLE ex rel. John F. TWISS v. George H. BELL. (Supreme Court, Appellate Division, First Department. December 22, 1916.) Motion granted with $10 costs. Order filed. Edith PERRIGO, an infant, etc., respt., v. The CITY OF FULTON, applt. (Supreme Court, Appellate Division, Fourth Department. December 6, 1916.) Judgment and order affirmed with costs. All concur. Samuel PETRUCH v. Frank O'CALLAGHAN. (Supreme Court, Appellate Division, First Department. December 22, 1916.) ApOrder signed. plication denied, with $10 costs. In the matter of the petition of James P. PHILLIP for an extension of time on the sale of mortgaged premises under judgment of foreclosure in the action of William PALMATIER, as substituted trustee, etc., plff., v. The CATSKILL MOUNTAIN RAILWAY COMPANY et al., defts. (No. 1.) William Palmatier, as PEOPLE ex rel. Rosalie WEISER, Applt., substituted trustee, etc., plff.-respt., Addison v. St. George B. TUCKER et al., Respts. (Su-P. Jones, as substituted trustee, etc., deft.-respt., James P. Phillip, petitioner-applt. (Supreme preme Court, Appellate Division, First Department. December 8, 1916.) Order affirmed, with Court, Appellate Division, Third Department. $10 costs and disbursements. No opinion. Or- December 28, 1916.) Order (95 Misc. Rep. 709, 160 N. Y. Supp. 49) unanimously affirmed, with der filed. $10 costs and disbursements. The PEOPLE, etc., ex rel. George WERNER, relator, v. Arthur WOODS, as Police Com- PHILLIP for a resale, etc., of mortgaged premIn the matter of the petition of James P. missioner of the City of New York, respondent. ises under judgment of foreclosure in the ac(Supreme Court, Appellate Division, Second De- tion of William PALMATIER, as substituted partment. December 30, 1916.) Writ sustaintrustee, etc. plff., v. The CATSKILL MOUNed, determination annulled, as not supported by a preponderance of the evidence, and rela-TAIN RAILWAY COMPANY et al., defts. tor reinstated, with $50 costs and disburse ments. Jenks, P. J., and Thomas, Carr, Mills, and Putnam., JJ., concur. (No. 2.) William Palmatier, as substituted trustee, etc., plff.-applt.-respt. Addison P. Jones, as substituted trustee, etc., deft.-applt.-respt. James P. Phillip, petitioner, respt.-applt. (Supreme Court, Appellate Division, Third DepartPEOPLE ex rel. Charles WHITFIELD, re-ment. December 28, 1916.) Order (95 Misc. lator, v. Louis P. FUHRMANN, as Mayor, etc., et al., defts. (Supreme Court, Appellate Division, Fourth Department. January 3, 1917.) Determination confirmed and writ dismissed, without costs. All concur. PEOPLE ex rel. John E. WILCOX, Applt., R. Andrew HAMILTON, as Commissioner of Public Safety, and one, Respts. (Supreme Rep. 709, 160 N. Y. Supp. 49) affirmed with $10 costs and disbursements. All concur, except Kellogg, P. J., and Cochrane, J., dissenting. In the matter of the application of James P. PHILLIP to read additional affidavits on his motion for an extension of time, etc., on the sale of mortgaged premises under judgment of foreclosure in the action of William PALMA TIER, as substituted trustee, etc., plff., v. The CATSKILL MOUNTAIN RAILWAY COMPANY et al., defts. (No. 3.) William Palmatier, as substituted trustee, etc., plff.-respt. Addison P. Jones, as substituted trustee, etc., deft.respt. James P. Phillip, petitioner-applt. (Supreme Court, Appellate Division, Third Department. December 28, 1916.) Order unanimously affirmed, with $10 costs and disbursements. See, also, 95 Misc. Rep. 709, 160 N. Y. Supp. 49. In the matter of the petition of James P. PHILLIP to vacate a judgment of foreclosure entered in an action in this court entitled William PALMATIER, as substituted trustee, for the benefit of the holders of first income bonds secured by a certain mortgage executed by the Catskill Mountain Railway Company, plaintiff, v. The CATSKILL MOUNTAIN RAILWAY COMPANY et al., defendants. (No. 4.) William Palmatier, as substituted trustee, etc., plff.respt. Addison P. Jones, as substituted trustee, etc., deft.-respt. James P. Phillip, petitionerapplt. (Supreme Court, Appellate Division, Third Department. December 28, 1916.) Order (95 Misc. Rep. 709, 160 N. Y. Supp. 49), unanimously affirmed, with $10 costs and disburse Daniel E. POMEROY v. HOCKING VALLEY R. R. CO. (Supreme Court, Appellate Division, First Department. December 22, 1916.) Motion denied, with $10 costs. Order filed. Edwin M. POST and another, Respts., v. Charles A. HAMILTON, impld., Applt. (two cases). (Supreme Court, Appellate Division, First Department. January 26, 1917.) Orders affirmed, with $10 costs and disbursements. No opinion. Orders filed. POSTAL TELEGRAPH CABLE CO., Applt., v. TONOPAH & TIDEWATER R. R. CO., Respt. (Supreme Court, Appellate Division, First Department. January 26, 1917.) Determination and judgment affirmed, with costs, and leave to appeal to the Court of Appeals denied. No opinion. Order filed. Marion E. PRIME, appellant, v. ALAPRI TRADING COMPANY, and others, respond ents. (Supreme Court, Appellate Division, Second Department. December 30, 1916.) Judg ment affirmed, with costs. No opinion. Jenks, P. J., and Thomas, Stapleton, Rich, and Putnam, JJ., concur. PRIME HAT CO. v. HOLZMAN COHEN & CO. (Supreme Court, Appellate Division. First Department. December 8, 1916.) Application denied, with $10 costs. Order signed. Hannah O. PRITCHARD and one, respts. apolts., v. Simeon H. MARTIN et al., appitsrespts. (Supreme Court, Appellate Division, Fourth Department. December 6, 1916.) Judg ment affirmed without costs of this appeal to either party. All concur. De Angelis, J., not sitting. PROGRESSIVE CONST. CO. v. Reginald H. SAYRE. (Supreme Court, Appellate Division, First Department. December 8, 1916) Motion denied, with $10 costs. Order filed. PROGRESSIVE CONSTRUCTION CO. v. Reginald H. SAYRE. (Supreme Court, Appellate Division, First Department. December 22, 1916.) Motion granted, without costs. Or der filed." PROGRESSIVE CONSTRUCTION CO. v. Reginald H. SAYRE. (Supreme Court, Appellate Division, First Department. December 22, 1916.) Motion granted on terms stated in or der. Order filed. Paula PROKOP, Respt., v. Andrew LITCH. ER, Applt. (Supreme Court, Appellate Division, First Department. December 22, 1916) Order modified, by imposing, as a condition of opening the default, the payment within 10 days of the costs as taxed, $83.02, and, as modified, affirmed, without costs. No opinion. Settle order on notice. Jaroslav RADDA, Respt., v. Anna RADDA, Applt. (Supreme Court, Appellate Division. First Department. December 22, 1916.) Order reversed, with $10 costs and disbursements, and motion granted to extent stated in order. No opinion. Order filed. In the Matter of the Estate of Georre RALPH, deceased. (Supreme Court, Appellate Division, Fourth Department. January 10. 1917.) Motion for leave to appeal to Court of Appeals denied; see Terwilliger v. BrowningKing Co., 207 N. Y. 479, 101 N. E. 463. Benjamin M. RASTALL, respt., v. Lewis D. SAMPSON, applt. (Supreme Court, Appellate Division, Third Department. January 9, 1917) Motion denied. Frank RAVOLD, respondent, V. Henry HAMM, defendant; Louise J. Hamm, as administratrix, etc., appellant. (Supreme Court. Appellate Division, Second Department. January 12, 1917.) Judgment affirmed, with costs. In case the judgment and costs should be paid the judgment creditor should convey the los to the heirs at law of Hamm, deceased. N opinion. Jenks, P. J., and Thomas, Stapleton, Rich, and Putnam, JJ., concur. |