Third Department, November, 1920.

[Vol. 194. Before STATE INDUSTRIAL COMMISSION, Respondent. In the Matter of the Claim for Compensation under the Workmen's Compensation Law, Made by GAETANO QUATRAFFO, V. BOOTH & FLINN, LTD., Employer and Self-Insurer, Appellant.-Award unanimously affirmed.

Before STATE INDUSTRIAL COMMISSION, Respondent. In the Matter of the Claim of FRANK GOLDBERG, Respondent, for Compensation under the Workmen's Compensation Law, v. HARDWOOD FURNITURE COMPANY, Employer, and EMPLOYERS' LIABILITY ASSURANCE CORPORATION, LTD., Insurance Carrier, Appellants.- Award reversed and matter remitted to the Commission on the opinion of Woodward, J., in Clayton v. Foundation Co. [193 App. Div. 822], decided herewith. All concur, except John M. Kellogg, P. J., and Kiley, J., dissenting.

Before STATE INDUSTRIAL COMMISSION, Respondent. In the Matter of the Claim of FRANK LAWRENCE, Respondent, for Compensation under the Workmen's Compensation Law, v. RITTER DENTAL MANUFACTURING COMPANY, Employer, and AMERICAN MUTUAL LIABILITY INSURANCE COMPANY, Insurance Carrier, Appellants.-Award reversed and matter remitted to the Commission on the opinion of Woodward, J., in Clayton v. Foundation Co. [193 App. Div. 822], decided herewith. All concur, except John M. Kellogg, P. J., and Kiley, J., dissenting.

Before STATE INDUSTRIAL COMMISSION, Respondent. In the Matter of the Claim of WILLIAM MUNCK, Respondent, for Compensation under the Workmen's Compensation Law, v. JABEZ BURNS & SONS, Employer, and AMERICAN MUTUAL LIABILITY INSURANCE COMPANY, Insurance Carrier, Appellants.-Award reversed and matter remitted to the Commission on the authority of Matter of Alpert v. Powers (223 N. Y. 97). All concur.

Before STATE INDUSTRIAL COMMISSION, Respondent. In the Matter of the Claim of WILLIE A. EUROPE, as Widow of JAMES REESE EUROPE, Respondent, for Death Benefits under the Workmen's Compensation Law, V. ADDISON AMUSEMENTS, INC., Employer, and UNITED STATES CASUALTY COMPANY, Insurance Carrier, Appellants.-Award affirmed. All concur, except Cochrane and H. T. Kellogg, JJ., dissenting.

COMMERCIAL SECURITY COMPANY, Appellant, v. CHARLES R. CAREY, Respondent. Judgment unanimously affirmed, with costs.

In the Matter of the Judicial Settlement of the Accounts of EDWIN L. HULETT and MYRA E. DOLLAR, as Administrators, etc., of ERT H. DOLLAR, Late of Lisbon, N. Y., Deceased, Respondents. LAWRENCE RUSSELL, Appellant. Decree affirmed, with costs. All concur, except Kiley, J., dissenting on the ground that the compensation allowed to the appellant for his services was inadequate.

Before STATE INDUSTRIAL COMMISSION, Respondent. In the Matter of the Claim of JAMES BILLOTTI, Respondent, for Compensation under the Workmen's Compensation Law, v. LEO TAUB, Employer, Appellant.Award affirmed. All concur, except Kiley, J., dissenting.

Before STATE INDUSTRIAL COMMISSION, Respondent. In the Matter of the Claim for Compensation under the Workmen's Compensation Law Made by ANTONIO ROSILLO, Respondent, v. PHIL WALCOFF & COMPANY,

App. Div.]

Third Department, November, 1920.

Employer, and THE OCEAN ACCIDENT AND GUARANTEE CORPORATION, LTD., Insurance Carrier, Appellants.-Award affirmed. All concur, except Woodward and Cochrane, JJ., dissenting on the authority of Matter of Alpert v. Powers (223 N. Y. 97).

Before STATE INDUSTRIAL COMMISSION, Respondent. In the Matter of the Claim of JOSEPH HOFFMAN, Respondent, for Compensation under the Workmen's Compensation Law, v. RITZ-CARLTON Restaurant and Hotel COMPANY, Employer, and THE TRAVELERS INSURANCE COMPANY, Insurance Carrier, Appellants.-Award unanimously affirmed.

Before STATE INDUSTRIAL COMMISSION, Respondent. In the Matter of the Claim of MAGNO TERZI, Respondent, for Compensation under the Workmen's Compensation Law, for the Death of JOHN STAMATION, V. STANLEY CONSTRUCTION COMPANY, Employer, and THE TRAVELERS INSURANCE COMPANY, Insurance Carrier, Appellants.-Award unanimously affirmed.

Before STATE INDUSTRIAL COMMISSION, Respondent. In the Matter of the Claim of HENRY DILG, Father, and ANNIE DILG, Mother, Respondents, for Compensation under the Workmen's Compensation Law, for the Death of JOHN DILG, Deceased, v. PYRENE MANUFACTURING COMPANY, Employer, and ETNA LIFE INSURANCE COMPANY, Insurance Carrier, Appellants.— Award unanimously affirmed.

Before STATE INDUSTRIAL COMMISSION, Respondent. In the Matter of the Claim of ANNA KLOTZ, Widow, and Others, Minor Children of MICHAEL KLOTZ, Deceased, Respondents, for Compensation under the Workmen's Compensation Law, v. BUFFALO UNION FURNACE COMPANY, Employer, and MARYLAND CASUALTY COMPANY, Insurance Carrier, Appellants.-Award unanimously affirmed.

Before STATE INDUSTRIAL COMMISSION, Respondent. In the Matter of the Claim of ALICE AVERY and SADIE AVERY, Respondents, for Compensation under the Workmen's Compensation Law, v. SHERWOOD SHOE COMPANY, Employer, and AMERICAN MUTUAL LIABILITY INSURANCE COMPANY, Insurance Carrier, Appellants.-Appeal dismissed. All concur.

Before STATE INDUSTRIAL COMMISSION, Respondent. In the Matter of the Claim of CHARLES E. HOOPER, Administrator, etc., of MARY ABRAHAM, Deceased, Respondent, for Compensation under the Workmen's Compensation Law, v. SAUQUOIT SPINNING COMPANY, Employer, and ETNA LIFE INSURANCE COMPANY, Insurance Carrier, Appellants.-Award unanimously affirmed.

THE PEOPLE OF THE STATE OF NEW YORK ex rel. METROPOLITAN LIFE INSURANCE COMPANY, Relator, v. WALTER H. KNAPP and Others, as and Constituting the State Tax Commission of the State of New York, Respondents. Order settled as proposed by the relator.

R. DE WITT VEEDER, Respondent, v. SCHENECTADY HUDSON THEATRE COMPANY, Appellant.- Motion granted.

ARTHUR J. VADNEY, Respondent, v. UNITED TRACTION COMPANY, Appellant. Motion denied.

MAY W. WALTERS, Appellant, v. TRUMAN J. WHITMAN and ANNA W. ATKINSON, Respondents.- Judgment unanimously affirmed, with costs.

Fourth Department, November, 1920.

[Vol. 194.

FOURTH DEPARTMENT, NOVEMBER, 1920.

REUBEN JEFFERY, Appellant, v. HARRY C. WEBB, Respondent.- Judgment and order affirmed, with costs. All concur.

GURNEY REALTY COMPANY, Appellant, v. FRED H. LEROY, Respondent.-Judgment affirmed, with costs. All concur.

FRED G. ROBINSON, Respondent, v. LEHIGH VALLEY RAILROAD COMPANY, Appellant.- Judgment and order affirmed, with costs.

All concur. THE PEOPLE OF THE STATE OF NEW YORK ex rel. BENNY SABATINO, Appellant, v. EDGAR S. JENNINGS, as Agent and Warden of Auburn State Prison, Respondent.- Order affirmed. All concur.

EDWIN E. GRADY, Respondent, v. WESTERN NEW YORK AND PENNSYLVANIA TRACTION COMPANY, Appellant.- Judgment and order affirmed, with costs. All concur.

EDWARD F. DIBBLE, Seedgrower, Respondent, v. CHARLES J. MCNULTY, as Secretary and Treasurer of the Suffolk County Seed Corn Association, a Voluntary Association, Appellant.- Judgment affirmed, with costs. All

concur.

In the Matter of the Application of OTTO KEHRER, Appellant, for the Removal of OTTO W. PFOHL, Respondent, from Certain Premises in the City of Buffalo.- Order affirmed, with costs. All concur.

MARY KEOGH, as Administratrix, etc., Respondent, v. SoUTH BUFFALO RAILWAY COMPANY, Appellant.- Judgment and order affirmed, with costs. All concur.

COUNTY OF CHAUTAUQUA, Respondent, v. LUTHER S. LAKIN, JR., Appellant. Judgment affirmed, with costs, on the authority of Price v. County of Erie (221 N. Y. 260). All concur, Lambert, J., not sitting.

JOSEPH W. WILMES, Respondent, V. SIMEON E. FOURNIER, Appellant.— Judgment and order affirmed, with costs. All concur.

E. WENTWORTH ERICKSON, Respondent, v. SILVANUS J. MACY, Appellant. Motion to set aside order of publication denied and motion to vacate judgment granted, upon the ground that the clerk was not authorized to enter the same without application to the court (See Code Civ. Proc. § 1216), without costs of this appeal to either party. All concur.

In the Matter of the Application of the GRADE CROSSING COMMISSIONERS OF THE CITY OF BUFFALO, Appellants, for the Appointment of Commissioners to Ascertain the Compensation to Be Paid to the Owners of and Parties Interested in Lands, etc., Claimed to Be Owned by BUFFALO VENEER COMPANY and Others, Respondents. (Proceeding No. 110.) Order affirmed, with separate bills of costs against the city of Buffalo in favor of the respondents Delaware, Lackawanna and Western Railroad Company and Hedstrom and others, who appear by separate attorneys upon this appeal. All concur.

CATHERINE CUMMINGS, as Administratrix, etc., of JOHN CUMMINGS, Deceased, Respondent, v. FRONTIER ELEVATOR AND MILL COMPANY, Appel

App. Div.]

Fourth Department, November, 1920.

lant, Impleaded with WASHBURN-CROSBY COMPANY and Another.- Judgment and order affirmed, with costs. All concur.

HERBERT J. LANKTON, Appellant, v. HENRY F. LADE and Others, Respondents.- Judgment affirmed, with costs. All concur.

REGINA BUSSMAN, as Administratrix de Bonis Non, etc., of ANTON BussMAN, Deceased, Respondent, v. Peter W. VAN PEYMA and Others, Appellants, Impleaded with Others.- Judgment and order affirmed, with costs. All concur.

PALMER-MARCY CO., INC., Respondent, v. ISADORE N. GORDON and Another, Appellants, and HYMAN OSBAND, Respondent.- Judgment affirmed, with costs. All concur.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARMELLO TRIMARCHI, Appellant.- Motion granted, to amend order of reversal entered October 13, 1920, so as to provide that the order denying motion for new trial on ground of newly-discovered evidence be affirmed.

BESSIE L. LOOMIS, as Administratrix, etc., Respondent, v. Delaware, LACKAWANNA AND WESTERN RAILROAD COMPANY, Appellant.- Motion for reargument denied, with ten dollars costs. Motion for leave to appeal to Court of Appeals denied.

JOHN B. SAUVE, as Administrator, etc., Appellant, v. E. W. FOLEY CONTRACTING CORPORATION, Respondent.-Motion granted and appeal dismissed.

CORA J. HARRISON, Respondent, v. WILLIAM HARRISON, Appellant.-Motion granted and appeal dismissed, with costs.

EARL D. HASKINS, Respondent, v. LILLIAN D. BLACKWOOD and Others, Appellants.- Motions granted and appeals dismissed.

GERVAS CANNING COMPANY, Appellant, v. M. CUSHMAN & COMPANY, Respondent.- Motion granted and appeal dismissed, with costs.

EDITH S. BEANE, Appellant, v. CHARLES G. MADER, Respondent.— Motion to dismiss appeal denied. Case may be set down for argument any day of second week of present term, at the option of the respondent. ANNA ALLEN, as Administratrix, etc., Respondent, v. WALKER D. HINES, as Director General of Railroads, Appellant.-Motion to dismiss appeal denied, but case may be argued as soon as ready at present term.

HARRIET A. GOODE, Respondent, v. HELEN SHARTLE, Appellant.Motion to dismiss appeal granted, unless appellant shall file and serve printed papers and briefs and pay to respondent's attorneys ten dollars within thirty days, and be ready for argument at opening of January term. ELEANOR M. CONLEY, Respondent, v. JOSEPH J. LUGIA and Others, Appellants.- Motion to dismiss appeal granted, unless appellants shall file and serve printed papers and briefs and pay to respondent's attorney ten dollars by November twenty-third, and be ready for argument on November twenty-ninth.

WALLACE J. OLDS and Another, Respondents, v. STATE CHARITIES AID ASSOCIATION, Appellant.-.The justices qualified to sit in this appeal being equally divided and unable to render a decision therein, the same is transferred to the Appellate Division, Third Department, to be there heard and

Fourth Department, November, 1920.

[Vol. 194.

determined, pursuant to section 231 of the Code of Civil Procedure. Lambert, J., not sitting.

THE PEOPLE OF THE STATE OF NEW YORK ex rel. ERIE RAILROAD COMPANY, Respondent, v. FRANK WILDY and Others, Constituting the Town Board and Board of Highway Superintendents of the Town of Cheektowaga, County of Erie and State of New York, Appellants. Order affirmed, with

costs. All concur.

ALTA BEEBE BEARDSLEE, Appellant, v. Sarah C. BeebE and Another, Respondents, Impleaded with Another.- Judgment affirmed, with costs. All concur, except Lambert and Clark, JJ., who dissent.

KATHARINE C. HILTON, Respondent, v. ALBERT B. HILTON and Others, Defendants, Impleaded with CENTRAL UNION TRUST COMPANY OF NEW YORK, as Trustee, etc., Appellant.- Interlocutory judgment affirmed, with costs, with leave to the appellant to plead over within twenty days, upon payment of the costs of the demurrer and of this appeal. All concur.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALICE W. BURRELL, Appellant.- Judgment of conviction reversed and new trial granted. Held, that the defendant's guilt has not been established by credible evidence, and that the verdict is against the weight of the evidence. All

concur.

In the Matter of the Final Accounting of ALICE H. GARDNER, as Ancillary Executrix, etc., of SARAH A. WILDER, Deceased, Respondent. CLARA JOHNSTON and Others, Appellants.- Decree affirmed, with costs. All

concur.

JOHN BEBACK, Appellant, Respondent, v. STEPHEN V. R. SPAULDING and Another, Appellants, and INTERNATIONAL RAILWAY COMPANY, Respondent. Judgment and order in favor of plaintiff affirmed, with costs against the defendants Spaulding. Judgment and order in favor of International Railway Company affirmed, with costs against plaintiff. All concur. HENRY SCANLON, Respondent, v. HENRY P. Burgard COMPANY, Appellant.— Judgment and order affirmed, with costs. All concur.

ABRAM F. BURKE, Appellant, V. THE STATE OF NEW YORK, Respondent. Judgment affirmed, with costs. All concur.

GEORGE AUSTIN, Respondent, v. ROCHESTER FOLDING BOX COMPANY, INC., Appellant.- Judgment and order reversed and new trial granted, with costs to appellant to abide event. Held, that the admission of evidence offered by the plaintiff, concerning the condition of his family was reversible error, which was not cured by striking out the evidence in the absence of the jury. (Purcell v. Duncan Co., 107 App. Div. 501.) All concur, except Kruse, P. J., who dissents and votes for affirmance.

FRANK BILBY, Respondent, v. THE STATE OF NEW YORK, Appellant.— Judgment affirmed, with costs. All concur.

SARAH SHORT, Respondent, v.

NORWOOD GARAGE, Appellant.— Judg

ment and order affirmed, with costs. All concur.

In the Matter of the Probate of the Last Will and Testament of HIRAM R. CONVERSE, Deceased.― Appeal dismissed, without costs, upon stipulation filed.