PEOPLE of the State of New York v. Miriam LESERMAN.

(Supreme Court, Appellate Division, First Department. June 4, 1926.) Motion to dismiss appeal granted. Order filed.

2

PEOPLE of the State of New York, Respondents, v. Jerome E. LEWIS, Appellant.

(Supreme Court, Appellate Division, Fourth Department. May 21, 1926.) Motion granted, and appeal dismissed.

3

PEOPLE of the State of New York, Respondents, v. Jerome E. LEWIS, Appellant.

(Supreme Court, Appellate Division, Fourth Department. June 29, 1926.) Motion to vacate order of dismissal and to restore appeal to calendar granted, upon condition that the appellant shall file and serve the printed papers and printed briefs on appeal by September 1st.

PEOPLE of the State of New York, Respondent, v. J. Frank LILLY, Appellant.

(Supreme Court, Appellate Division, First Department. June 11, 1926.) Judgment affirmed. No opinion. Order filed.

5

PEOPLE of the State of New York, Respondents, v. Charles T. McKENZIE, Appellant.

(Supreme Court, Appellate Division, Second Department. June 1, 1926.) Judgment of conviction and orders unanimously affirmed. No opinion.

6

PEOPLE of the State of New York, Respondents, v. Matthew MARTIN, Appellant.

(Supreme Court, Appellate Division, Second Department. June 1, 1926.) Judgment of conviction of the Court of Special Sessions unanimously affirmed. No opinion.

7

PEOPLE of the State of New York v. Ralph MELE.

(Supreme Court, Appellate Division, First Department. June 21, 1926.) Motion to dismiss appeal granted. Order filed.

(216 N.Y.S.)

PEOPLE of the State of New York, Respondents, v. Catherine MILI, Appellant.

(Supreme Court, Appellate Division, Second Department. June 25, 1926.) Judgment of conviction of the Court of Special Sessions unanimously affirmed. The sentence, however, was illegal. The defendant should be brought before this court on June 25, 1926, at 10 o'clock a. m., for sentence.

2

PEOPLE of the State of New York, Respondents, v. John PETRUCCI, Appellant.

(Supreme Court, Appellate Division, Second Department. May 21, 1926.) Judgment of conviction of the County Court of Kings County affirmed. No opinion. Kelly, P. J., and Rich, Manning, and Young, JJ., concur. Lazansky, J., absent and not voting.

3

PEOPLE of the State of New York, Respondents, v. Anthony POLIZZI, Appellant.

(Supreme Court, Appellate Division, Second Department. June 11, 1926.) Motion to dismiss appeal granted, and stay vacated, on the ground that the order is not appealable. See People v. Brindell, 194 App. Div. 776, 185 N. Y. S. 533.

4

PEOPLE of the State of New York, Respondent, v. Joseph RAUBVOGEL, Appellant.

(Supreme Court, Appellate Division, First Department. June 21, 1926.) Judgment reversed, and the information dismissed. The people having failed to establish, beyond a reasonable doubt, the guilt of the defendant, it was the duty of the court to dismiss the information at the end of the people's case. Settle order on notice.

5

PEOPLE of the State of New York, Respondents, v. Harry SALKIND, Appellant.

(Supreme Court, Appellate Division, Second Department. June 25, 1926.) Judgment of conviction of the County Court of Queens County unanimously affirmed. No opinion.

1

PEOPLE of the State of New York, Respondents, v. John SCHULTE, Appellant.

(Supreme Court, Appellate Division, Second Department. June 4, 1926.) Motion to dismiss appeal granted.

2

PEOPLE of the State of New York, Respondent, v. P. Albert STILWELL, Appellant.

(Supreme Court, Appellate Division, First Department. June 21, 1926.) Judgment affirmed. No opinion. Order filed.

3

PEOPLE of the State of New York, Respondents, v. Charles A. TURNER, Appellant.

(Supreme Court, Appellate Division, Second Department. June 18, 1926.) Judgment of conviction of the County Court of Richmond County unanimously affirmed. No opinion.

4

PEOPLE of the State of New York, Respondent, v. 242–252 WEST THIRTY-SIXTH STREET CORPORATION, Appellant.

(Supreme Court, Appellate Division, First Department. July 6, 1926.) Judgment reversed, and fine remitted, on the authority of City of New York v. A. T. Stewart Realty Co., 109 App. Div. 702, 96 N. Y. S. 513. Merrell and Martin, JJ., dissent, and vote for affirmance. Settle order on notice.

5

PEOPLE of the State of New York v. Edward WESTCOATT.

(Supreme Court, Appellate Division, First Department. July 8, 1926.) Motion granted; case to be ready for October term. Order filed.

6

PEOPLE of the State of New York, Respondent, v. Morris ZEIFF, Impleaded, etc., Appellant.

(Supreme Court, Appellate Division, First Department. June 21, 1926.) Judgment affirmed. No opinion. Order filed.

(216 N.Y.S.)

In the Matter of the Application of the PEOPLE of the State of New York, by James A. BEHA, as Superintendent of Insurance, etc., in re FIFTH AVENUE MUTUAL INDEMNITY COMPANY. (Supreme Court, Appellate Division, First Department. June 21, 1926.) Order affirmed, with $10 costs and disbursements. No opinion. Order filed.

2

In the Matter of the Application of the PEOPLE of the State of New York, by Jesse S. PHILLIPS, as Superintendent of Insurance, in re CASUALTY COMPANY OF AMERICA. In the Matter of Claim of Maxwell RUBIN.

(Supreme Court, Appellate Division, First Department. June 21, 1926.) Motion granted. Order filed.

3

PEOPLE, etc., ex rel. George S. ABELL, Relator, v. John H. CLARKSON et al., Respondents, and John E. Preston and William W. Stuart, Appellants.

(Supreme Court, Appellate Division, Second Department. June 25, 1926.) Motion for leave to appeal to the Court of Appeals granted, with stay. Settle order on notice.

4

PEOPLE of the State of New York ex rel. BANK OF AMERICA and Another, Trustees under the Last Will, etc., of M. Bell Hazen, Deceased, Relators, Appellants, v. STATE TAX COMMISSION and John F. Gilchrist and Others, Constituting the State Tax Commission, Respondents.

(Supreme Court, Appellate Division, Third Department. July 2, 1926.) Motion denied.

5

PEOPLE, etc., ex rel. Harry BESSMORE, Respondent, v. Harry HONECK, Warden and Keeper of the City Prison, County of Kings, Defendant, People of the State of New York, Appellants.

(Supreme Court, Appellate Division, Second Department. April 16, 1926.) Order sustaining writ of habeas corpus, and discharging relator from imprisonment, reversed upon the law and the facts, writ dismissed, and relator remanded under the commitment. We think the evidence presented at the hearing before the magistrate, together with the admission of defendant on the inquiry concerning his previous conviction

brought the case within the provisions of the statute authorizing an indeterminate sentence. Parole Commission Act, § 4, as amended Laws 1916, c. 287. Kelly, P. J., and Rich, Jaycox, Manning, and Young, JJ.,

concur.

PEOPLE, etc., ex rel. CITY OF NEW YORK, Respondent, v. John W. BIRDSALL et al., as Assessors of the Town of Yorktown, County of Westchester, etc., Appellants. Taxes of 1915.

(Supreme Court, Appellate Division, Second Department. June 1, 1926.) Final order unanimously affirmed, with costs. No opinion.

2

PEOPLE, etc., ex rel. CITY OF NEW YORK, Relator-Appellant, v. Eldon M. PIETSCHKER et al., Assessors of the Town of North Castle, County of Westchester, Respondents. Taxes of 1919.

(Supreme Court, Appellate Division, Second Department. April 16, 1926.) Order confirming referee's report modified, by reducing the assessed value of the relator's property, involved in this proceeding, by the sum of $185,970, and by disallowing the costs, disbursements, and allowances awarded against the petitioner, and, as so modified, the order is affirmed, without costs. The Special Term adopted the 60 per cent. ratio of assessment to actual value. The findings of fact of assessed value, based upon the 60 per cent. ratio to market value, show a decrease of assessment on various parcels, aggregating the sum of $185,970. These decreases are not made the subject of complaint by the respondents. The increases on various parcels resulting from the findings of fact and assessed value and market value cannot be utilized to bring about the aggregate assessment made by the assessors. People ex rel. City of New York v. Keeler, 237 N. Y. 332, 143 N. E. 211; People ex rel. City of New York v. Tripp, 237 N. Y. 568, 143 N. E. 746; People ex rel. City of New York v. Voris, 237 N. Y. 569, 143 N. E. 746. The award of costs, disbursements, and allowances against the relator was improper, under the provisions of the Tax Law, § 294, as amended by Laws 1920, c. 649. Kelly, P. J., and Rich, Young, Kapper, and Lazansky, JJ., concur. Settle order on notice before Mr. Justice Kap

per.

3

PEOPLE, etc., ex rel. GLEN CLIFF PRESS, Inc., Relator-Appellant, v. Edward SPRINGMANN, as Commissioner of Accounts of the City of Glen Cove, and Sterling Mudge, as Commissioner of Finance of said City, Respondents.

(Supreme Court, Appellate Division, Second Department. June 25, 1926.) Order denying application for peremptory mandamus order re