Motion to dismiss appeal granted. Order In re PARK et al. (Supreme Court, Appel-ion. late Division, First Department. March 12, filed. 1915.) In the matter of Annie G. Park and Supp. 1104. others. PER CURIAM. Decree affirmed, with costs. Order filed. SCOTT and HOTCHKISS, JJ., dissent. In re PATCHINAKIS. (Supreme Court, Appellate Division, First Department. April 16, 1915.) In the matter of Emmanuel M. Patchinakis. No opinion. Order afirmed, with $10 costs and disbursements. Order filed. PEOPLE, Respondent, v. BARCLAY, Appellant. (Supreme Court, Appellate Division, First Department. May 7, 1915.) Proceeding by the People of the State of New York against Robert L. Barclay. J. O'Neill, of New York City, for appellant. R. S. Johnstone, of New York City, for respondent. No opinion. Judgment affirmed. Order filed. PEOPLE, Respondent, v. BLUTIER, Appellant, et al. (Supreme Court, Appellate Division, First Department. April 9, 1915.) Proceeding by the People of the State of New York against Andy Blutier, impleaded with others. C. B. F. Barra, of New York City, for appellant. L. Fabricant, of New York City, for the L'eople. No opinion. Judgment affirmed. Order filed. PEOPLE, Respondent, v. BRIGHT, Appellant. (Supreme Court, Appellate Division, First Department. May 7, 1915.) Proceeding by the People of the State of New York against Samuel Bright. J. L. Curtis, of New York City, for appellant. L. Fabricant, of New York City, for the People. No opinion. Judgment and order affirmed. Order filed. PEOPLE, Respondent, v. COPETTA, Appellant. (Supreme Court, Appellate Division, Second Department. March 19, 1915.)__ Proceeding by the l'eople of the State of New York against Frank Copetta. No opinion. Judgment of conviction of the County Court of Kings County afirmed. See, also, 151 N. Y. Supp. 1135. PEOPLE v. DE BELLIS. (Supreme Court, Appellate Division, First Department. April 16, 1915.) Proceeding by the People of the State of New York against John De Bellis. No opinion. Motion to dismiss appeal (in 87 Misc. Rep. 459, 150 N. Y. Supp. 1064) granted. Order filed. PEOPLE, Respondent, v. DE MOO, Appellant. (Supreme Court, Appellate Division, First Department. March 26, 1915.) Proceeding by the People of the State of New York against Alexander de Moo. M. Schneiderman, of New York City, for appellant. L. Fabricant, of New York City, for the People. No opinion. Judg. ment affirmed. Order filed. PEOPLE, Respondent, v. D'LEEN, Appellant. (Supreme Court, Appellate Division, Second Department. April 23, 1915.) Proceeding by the People of the State of New York against Louis D'Leen. No opinion. Judgment of conviction of the Court of Special Sessions affirmed. PEOPLE v. DORTHY. (Supreme Court, Appellate Division, First Department. March 19, 1915.) Proceeding by the People of the State of New York against John F. Dorthy. No opiion. Motion granted. Order filed. Order PEOPLE, Respondent, v. CEPRIANO, Appellant. (Supreme Court, Appellate Division, Second Department. March 5, 1915.) Proceed- PEOPLE v. EGAN. (Supreme Court, Appeling by the People of the State of New York late Division, First Department. April 30, against Cilo Cepriano. 1915.) Proceeding by the People of the State PER CURIAM. Motion to dismiss appeal of New York against Harry A. Egan. No opindenied, without prejudice to a renewal thereof ion. Motion to dismiss appeal granted. filed. when the appeal is brought on for a hearing, and without prejudice to a new motion to dismiss unless said appeal is diligently prosecuted. Whether the judgment of conviction may be reviewed under the notice of appeal which has been served will be then considered. PEOPLE v. FIORE. (Supreme Court, Appellate Division, First Department. April 16, 1915.) Proceeding by the People of the State of New York against Vincenzo Fiore. No opinion. Motion to dismiss appeal granted. Order filed. PEOPLE v. ISER. SAME v. SMITH. SAME v. OHLSON. (Supreme Court, Appel late Division, First Department. April 1, 1915) Proceedings by the People of the State of New York against Morris Iser, against Agnes Smith, and against Chas. A. Ohlson. No opinion. Motions granted, unless appellants comply with terms stated in orders. Orders filed. PEOPLE, Respondent, v. KARDACH, Ap- PEOPLE, Respondent, v. MOYER et al., Appellant. (Supreme Court, Appellate Division, pellants. (Supreme Court, Appellate Division, Fourth Department. March 26, 1915.) Pro- First Department. April 9, 1915.) Proceeding ceeding by the People of the State of New York by the People of the State of New York against against Peter Kardach. John H. Moyer and another. I. L. Broadwin, of New York City, for appellants. L. Fabricant, of New York City, for respondent. opinion. Judgment affirmed. Order filed. PER CURIAM. Judgment of conviction and order affirmed. LAMBERT, J., dissents, upon the ground that the admission of the evidence of the implication of the defendant in independent burglaries in no wise connected with the property mentioned in the indictment was prejudicial error requiring a reversal. See People v. Doty, 175 N. Y. 164, 67 N. E. 303. PEOPLE, Respondent, v. KIRSCHMAN, Appellant. (Supreme Court, Appellate Division, First Departinent. April 30, 1915.) Proceeding by the People of the State of New York against Jacob Kirschman. G. A. Teitelbaum, of New York City, for appellant. R. S. Johnstone, of New York City, for respondent. No opinion. Judgment affirmed. Order filed. PEOPLE, Respondents, v. LASTER, Appellant. (Supreme Court, Appellate Division, Second Department. April 9, 1915.) Proceeding by the People of the State of New York against James Laster. No opinion. Judgment of conviction of the Court of Special Sessions affirmed. PEOPLE v. LEVINE. (Supreme Court, Appellate Division, First Department. April 1, 1915.) Proceeding by the People of the State of New York against Harry Levine, alias Beckerman, in which Benjamin Cohen appeals. C. G. F. Wahle, of New York City, for appellant. R. H. Mitchell, of New York City, for respondent. No opinion. Order affirmed. Order filed. PEOPLE, Respondent, v. LICANZIATO, Appellant. (Supreme Court, Appellate Division, First Department. April 23, 1915.) Proceeding by the People of the State of New York against Carmine Licanziato. A. D. Pape, of New York City, for appellant. S. L. Richter, of New York City, for respondent. No opinion. Judgment affirmed. Order filed. No PARK ROW v. PEOPLE, Respondent, REALTY CO., Appellant, et al. Court, Appellate Division, Third Department. (Supreme May 5, 1915.) Proceeding by the People of the State of New York against the Park Row Realty Company, impleaded with others. No opinion. Interlocutory judgment (in 88 Misc. Rep. 254, 151 N. Y. Supp. 804) aflirmed, with costs, with usual leave to defendant to withdraw demurrer, and answer upon payment of costs at Special Term and in this court. PEOPLE v. RIBLE. (Supreme Court, Appellate Division, First Department. April 30, 1915.) Proceeding by the People of the State No opinof New York against Adolph Rible. ion. Motion to dismiss appeal granted, unless appellant comply with terms stated in order. Order filed. (Supreme Court, Appellate Division, Second DePEOPLE, Respondent, v. ROMA, Appellant. partment. March 5, 1915.) Proceeding by the People of the State of New York against Charles Roma. No opinion. Judgment of conviction of the Court of Special Sessions affirmed by default. See, also, 151 N. Y. Supp. 1136. pellate Division, First Department. April 1, PEOPLE v. SANDOR. (Supreme Court, Ap1915.) Proceeding by the People of the State of New York against Maurice J. Sandor. No opinion. Motion granted, unless appellant stipulates to vacate certificate of reasonable doubt and serve the printed case and place case on calendar so that same can be heard on April 13, 1915. Settle order on notice. PEOPLE, Respondent, v. SCHAEFER, Appellant. (Supreme Court, Appellate Division, First Department. April 30, 1915.) Proceeding by the People of the State of New York man and Augusta Stadleman. No opinion. Judgment of conviction of the County Court of Dutchess County affirmed. PEOPLE v. STAGG. (Supreme Court, Appellate Division, First Department. April 16, 1915.) Proceeding by the People of the State of New York against Sylvester Stagg. No opinion. Motion to dismiss appeal granted, unless appellant complies with terms stated in or der. Order filed. PEOPLE, Respondent, v. SYLVESTRO, ApFirst Department. March 26, 1915.) Proceedpellant. (Supreme Court, Appellate Division, ing by the People of the State of New York New York City, for appellant. R. S. Johnagainst Angelino Sylvestro. H. J. Block, of opinion. Judgment affirmed. Order filed. See, stone, of New York City, for the People. No also, 163 App. Div. 895, 147 N. Y. Supp. 1133. PEOPLE V. UEBELMESSER. (Supreme Court, Appellate Division, First Department April 16, 1915.) Proceeding by the People of the State of New York against Charles R. Le belmesser. No opinion. Motion to dismiss appeal granted, unless appellant complies with terms stated in order. Order filed. PEOPLE, Respondent, v. VON SCHLENCZYNSKI, Appellant. (Supreme Court, Appellate Division, First Department. January 22, 1915.) Proceeding by the People of the State of New York against Josef von Schlenczynski. II. G. Gray, of New York City, for appellant. S. L. Richter, of New York City, for the People. No opinion. Judgment and order affirmed. Order filed. PEOPLE v. WILDNER. (Supreme Court. Appellate Division, First Department. April 1. 1915.) Proceeding by the People of the State of New York against Harry Wildner. No opinion. Motion granted. Order filed. PEOPLE, Respondent, v. WILLBRANDT, Second Department. March 5, 1915.) ProceedAppellant. (Supreme Court, Appellate Division, ing by the People of the State of New York again Selma Willbrandt. No opinion. Judzment of conviction of the Court of Special Ses sions affirmed by default. See, also, 151 N. Y. Supp. 1137. PEOPLE, Respondent, v. WILLBRANDT, Appellant. (Supreme Court, Appellate Division, Second Department. March 5, 1915.) Proceeding by the People of the State of New York against William Willbrandt. No opinion. Judement of conviction of the Court of Special Sessions affirmed by default. See, also, 151 N. I. Supp. 1137. PEOPLE, Respondent, v. WILLIAMS. Ap pellant. (Supreme Court, Appellate Division. Second Department. April 9, 1915.) ing by the People of the State of New York Proceed against Bertha Williams. No opinion. granted. Motion PEOPLE, Respondent, v. XAVIER, Appel-, partment. March 5, 1915.) Proceeding by the lant. (Supreme Court, Appellate Division, Sec- People of the State of New York, on the relaond Department. March 5, 1915.) Proceeding tion of Jane L. Brunner, against Lewis M. by the People of the State of New York against Swasey, Sheriff of Kings County, and another. PER CURIAM. The commitment was not Frank Xavier. No opinion. Motion dismissed, as made without lawful authority. Matter re- void for defects in form. The court which adferred to the district attorney of Westchester judged the relator in contempt had full jurisdiction. If it made an error in its determinacounty. tion, the remedy was by appeal. The writ of habeas corpus is not one of review. Order affirmed, with $10 costs and disbursements. PEOPLE ex rel. ABBRUZZEZE v. WOODS, Police Com'r. (Supreme Court, Appellate Division, Second Department. March 26, 1915.) Proceeding by the People of the State of New York, on the relation of Dominick Abbruzzeze, against Arthur Woods, as Police Commissioner of the City of New York. No opinion. Determination confirmed, and writ dismissed, with $50 costs and disbursements. PEOPLE ex rel. APPLEBY et al., Appellants, v. POLK, Corp. Counsel, Respondent. (Supreme Court, Appellate Division, First Department. March 19, 1915.) Proceeding by the People of the State of New York, on the relation of Edgar S. Appleby and another, against Frank L. Polk, as Corporation Counsel, etc. B. Moore, of New York City, for appellants. J. F. O'Brien, of New York City, for respondent. No opinion. Order affirmed, with $10 costs and disbursements. Order filed. See, also, 152 N. Y. Supp. 1135. PEOPLE ex rel. APPLEBY et al. v. POLK. (Supreme Court, Appellate Division, First Department. April 16, 1915.) Proceeding by the People of the State of New York, on the relation of Edgar S. Appleby and others, against Frank L. Polk, etc. No opinion. Motion denied, with $10 costs. Order filed. See, also, 152 N. Y. Supp. 1135. PEOPLE ex rel. BOICE v. WOODS. (Supreme Court, Appellate Division, First Department. March 26, 1915.) Proceeding by the People of the State of New York, on the relation of Alvin Boice, against Arthur Woods, as Commissioner. Grant & Rouss, of New York City, for relator. T. Farley, of New York City, for respondent. No opinion. Writ dismissed, and proceeding affirmed, with $50 costs and disbursements. Order filed. PEOPLE ex rel. BOSKOWITZ, Respondent, v. PURDY et al., Com'rs, Appellants. (Supreme Court, Appellate Division, First Department. April 1, 1915.) Proceeding by the People of the State of New York, on the relation of Adolph Boskowitz, against Lawson Purdy and others, as Commissioners. C. A. Peters, of New York City, for appellants. L. B. Cohen, of New York City, for respondent. PER CURIAM. Order affirmed, with $10 costs and disbursements. Order filed. CLARKE and DOWLING, JJ., dissent. PEOPLE ex rel. BURKE v. HOFFMAN et al. (Supreme Court, Appellate Division, Third Department. May 5, 1915.) Proceeding by the People of the State of New York, on the relation of John Burke, for a writ of certiorari to Harry N. Hoffman and others, Police Commissioners of the City of Elmira, constituting the Board of Police Commissioners for said city, and to the Board of Police Commissioners of said city of Elmira. No opinion. Determination (150 N. Y. Supp. 1) unanimously confirmed, without costs. PEOPLE ex rel. COOPER, Appellant, v. J. B. GREENHUT CO. et al., Respondents. (Supreme Court, Appellate Division, First Department. March 19, 1915.) Proceeding by the People of the State of New York, on the relation of Winifred B. Cooper, against the J. B. Greenhut Company and another. J. A. Arnold, of New York City, for appellant. B. G. Paskus, of New York City, for respondents. No opinion. Order affirmed, with $10 costs and disbursements. Order filed. PEOPLE ex rel. COSTA, Appellant, v. POLK, Respondent. (Supreme Court, AppelApril 30, late Division, First Department. 1915.) Proceeding by the People of the State of New York, on the relation of Jacinto Costa, against Frank L. Polk, as Corporation Counsel, etc. I. T. Flatto, of New York City, for appellant. E. C. Kindleberger, of New York City, for respondent. No opinion. Order affirmed, with $10 costs and disbursements. Order filed. PEOPLE ex rel. CROWLEY v. WALDO. (Supreme Court, Appellate Division, First De- PEOPLE ex rel. DAVANZA V. WARDEN OF CITY PRISON. (Supreme Court, Appellate Division, Second Department. March 5, 1915.) Proceeding by the People of the State of New York, on the relation of Louis Davan za, against the Warden of the City Prison. No opinion. Motion to dismiss appeal granted. PEOPLE ex rel. DAVIS, Appellant, v. BOARD OF EDUCATION OF CITY OF NEW YORK, Respondent. (Supreme Court, March PEOPLE ex rel. BRUNNER, Appellant, v. Appellate Division, Second Department. SWASEY, Sheriff, et al., Respondents. (Su- 19, 1915.) Proceeding by the People of the preme Court, Appellate Division, Second De-State of New York, on the relation of James Davis against the Board of Education of the PEOPLE ex for appellant. L. H. Hahlo, Asst. Corp. Counsel, of New York City, for respondents. No opinion. Reargument (of 152 N. Y. Supp. 275) ordered. PER CURIAM. We think the relator's remedy is by writ of certiorari to review the action of the board of education. Therefore the order denying the motion for a peremptory writ of mandamus is affirmed as a matter of law, and PEOPLE ex rel. KEENAN v. McKAY. (Suthe order denying the motion for resettlement preme Court, Appellate Division, First Departis affirmed, with $10 costs and disbursements. ment. March 12, 1915.) Proceeding by the People of the State of New York, on the relation of James Keenan against Douglas I. Merel. FARLEY v. WOODS. (Supreme Court, Appellate Division, First De-Kay, as Commissioner. W. E. Murphy, of New partment. March 12, 1915.) Proceeding by the People of the State of New York, on the relation of Arthur J. Farley, against Arthur Woods, as commissioner. J. T. Mahoney, of New York City, for relator. T. Farley, of New York City, for respondent. No opinion. Writ dismissed, and proceeding affirmed, with $50 costs and disbursements. Order filed. PEOPLE ex rel. GLEASON v. WALDO, Police Com'r. (Supreme Court, Appellate Divi sion, Second Department. April 23, 1915.) Proceeding by the People of the State of New York, on the relation of Edward J. Gleason, against Rhinelander Waldo, as Police Commissioner, etc. No opinion. Determination confirmed, and writ dismissed, with $50 costs and disbursements. PEOPLE ex rel. HENDRICK v. WARDEN OF RAYMOND ST. JAIL el al. (Supreme Court, Appellate Division, Second Department. April 23, 1915.) Proceeding by the People of the State of New York, on the relation of Charles C. Hendrick, against the Warden of Raymond Street Jail and others. No opinion. Order affirmed, without costs. York City, for relator. T. Farley, of New York missed, and proceeding affirmed, with $50 costs City, for respondent. No opinion. Writ disand disbursements. Order filed. PEOPLE ex rel KROHN, Appellant, v. WARDEN AND KEEPER OF CITY PŘIS ON et al., Respondents. (Supreme Court, Appellate Division, Second Department. April 30, 1915.) Proceeding by the People of the State of New York, on the relation of John Prison and another. Krohn, against the Warden and Keeper of City No opinion. Order affirmed, on Schweinler Press, 108 N. E. 639, decided by authority of People v. Charles the Court of Appeals March 26, 1915. PEOPLE ex rel. LA CHICOTTE, Appellant, v. O'KEEFE, Com'r, Respondent. (Supreme Court, Appellate Division, First Department. January 22, 1915.) Proceeding by the People of the State of New York, on the re lation of Henry A La Chicotte, against Arthur J. O'Keefe, as Commissioner, etc. No opinion. Motion to dismiss appeal granted, with $10 costs. Order filed. See, also, 152 N. Y. Supp. 1136. PEOPLE ex rel. HENNINGER v. WALDO, PEOPLE ex rel. LA CHICOTTE, Appellant, Police Com'r, Respondent. (Supreme Court, v. O'KEEFE, Respondent. (Supreme Appellate Division, Second Department. March Court, Appellate Division, First Department. 5, 1915.) Proceeding by the People of the State March 26, 1915.) Proceeding by the People of of New York, on the relation of Louis J. Henthe State of New York, on the relation of Henninger, against Rhinelander Waldo, as Police ry A. La Chicotte, against Arthur J. O'Keefe, Commissioner, etc. as Commissioner, etc. No opinion. Motion for E. C. Kindleberger, of reargument (in 151 N. Y. Supp. 506) denied, New York City, for respondent. No opinion. Order affirmed, with $10 costs and disburse ments. Order filed. See, also, 80 Misc. Ren. 344, 141 N. Y. Supp. 82; 152 N. Y. Supp. 1136 without costs. PEOPLE ex rel. HOOK v. WALDO, Com'r. (Supreme Court, Appellate Division, First Department. January 22, 1915.) Proceeding by the People of the State of New York, on the relation of Joseph P. Hook, against Rhinelander Waldo, as Commissioner. Grant & Rouss, of New York City, for relator. T. Farley, of New York City, for respondent. No opinion. Writ dismissed, and proceeding affirmed, with *$50 costs and disbursements. Order filed. PEOPLE ex rel. IMPORTERS' & TRADERS' NAT. BANK, Appellant, v. PURDY et al., Respondents. (Supreme Court, Appellate Division, First Department. January 22, 1915.) Proceeding by the People of the State of New York, on the relation of the Importers' & Traders' National Bank, against Lawson Purdy and others. Kalish & Palmer, of New York City, |