Third Department, January, 1921.

[Vol. 195.

Before STATE INDUSTRIAL COMMISSION, Respondent. In the Matter of the Claim for Compensation under the Workmen's Compensation Law, Made by JAMES J. MCNULTY, Respondent, v. LOUIS CURTH & SONS, Employer, and MASSACHUSETTS Bonding and InsurancE COMPANY, Insurance Carrier, Appellants. Award modified so as to provide only for sixty-one weeks payment at nineteen dollars and twenty-three cents per week in addition to the prior award, and as so modified affirmed on the authority of Matter of Eggleston v. Shinola Co. (229 N. Y. 622). All concur.

Before STATE INDUSTRIAL COMMISSION, Respondent. In the Matter of the Claim of MARY E. CASTOR, Respondent, for Compensation to Herself under the Workmen's Compensation Law, for the Disability and for the Death of WALTER J. CASTOR, V. COLLEGIATE BAPTIST CHURCH OF THE COVENANT, Employer, and THE FIDELITY AND CASUALTY COMPANY OF NEW YORK, Insurance Carrier, Appellants.- Award for compensation reversed on the ground that the notice was not duly given, on the authority of Dorb v. Stearns & Co. (180 App. Div. 138) and Colon v. American Linoleum Mfg. Co. (184 id. 734), and award for death benefits affirmed. All concur.

In the Matter of the Probate of the Last Will and Testament of MARY F. STEPHENSON, Deceased. EDWARD G. FAILE and Others, Appellants; SILAS S. SHURTER, Respondent.— Decree unanimously affirmed, with costs.

Before STATE INDUSTRIAL COMMISSION, Respondent. In the Matter of the Claim of JOSEPH KOUSCH, Respondent, for Compensation under the Workmen's Compensation Law, v. H. G. ELLIS, Employer, and ÆTNA LIFE INSURANCE COMPANY, Insurance Carrier, Appellants.- Award modified by awarding compensation for one and one-half weeks, and as so modified affirmed. All concur.

TABITHA S. PIERCE, Respondent, v. JOHN W. ECKHART & COMPANY (a Corporation), Appellant, Impleaded with ABRAHAM COHEN and Others.— Judgment unanimously affirmed, with costs. Cochrane, J., not sitting. JENNIE Ross, Respondent, v. WILLIAM BECKERS, Appellant. Judgment and order unanimously affirmed, with costs.

ents.

WARREN C. SIMONDS, Appellant, v. ADDA B. Rowe and Others, RespondJudgment unanimously affirmed on the opinion of Van Kirk, J., at Special Term (110 Misc. Rep. 52).

BEN V. SMITH, Respondent, v. STANLEY & MACGIBBONS COMPANY, INC., Appellant. Order and judgment unanimously affirmed, with costs.

JOSEPH I. STAHL, as Receiver of the Property of ISRAEL B. LEHRICH, Judgment Debtor, Respondent, v. ISRAEL B. LEHRICH, and Others, Appellants, Impleaded with ELLSWorth Baker.-Order modified by striking therefrom the recitals of a violation of the order in supplementary proceedings and of a fraudulent satisfaction of the judgment and by providing that the order of receivership shall not apply to any money actually paid to the defendant Teenie Lehrich by the defendant Frieder before it was granted, and as so modified affirmed, without costs. All concur.

ST. LAWRENCE CONSTRUCTION COMPANY, INC., Appellant, v. The STATE OF NEW YORK, Respondent.― Judgment unanimously affirmed, with costs.

App. Div.]

Third Department, January, 1921.

ELIZABETH SMITH, Respondent, v. LESTER KELLY and Others, Defendants. HARRISON C. MAYES, Individually and as Administrator with Will Annexed of the Estate of WATSON MAYES, Deceased, and Others, Appellants.— Order modified by striking therefrom the provisions requiring the appellants to give a bond in the sum of $250, and as modified unanimously affirmed, with costs to the appellants to abide the event.

TOBY TORISCOo, Respondent, v. LEHIGH VALLEY RAILROAD COMPANY, Appellant.- Judgment and order reversed and new trial granted, with costs to the appellant to abide the event, on the authority of Minneapolis & St. Louis Railroad Co. v. Winters (242 U. S. 353); Gallagher v. New York Central R. R. Co. (180 App. Div. 88; affd., 222 N. Y. 649) and Matter of Parsons v. Delaware & Hudson Co. (167 App. Div. 536). All concur. As the evidence stood it was error to refuse to consider the Pennsylvania Employers' Liability Law.

CHARLES J. BROWN, Respondent, v. WILSON GARDNER and Others, Appellants.- Motion granted.

FULTON COUNTY GAS AND ELECTRIC COMPANY, Respondent, v. RockWOOD MFG. CO., INC., Appellant.- Order unanimously affirmed, with costs. WALKER D. HINES, Director General of Railroads, Appellant, v. JOSEPH YANKLOWITZ, Respondent. Motions denied.

TRIPO KRSTOVIC, Appellant, v. CHARLES H. VAN BUREN and Others, Respondents. Motion denied.

In the Matter of the Final Judicial Settlement of the Account of FRANK B. WICKES, as Sole Administrator of the Personal Estate of GEORGE A. HOUGHTALING, Deceased.- Motion granted unless, within twenty days, the appellant files and serves printed case on appeal, places case on calendar for the next term, and pays ten dollars costs of this motion, in which case motion is denied, without costs.

Before STATE INDUSTRIAL COMMISSION, Respondent. In the Matter of the Claim for Compensation under the Workmen's Compensation Law, Made by HYMAN WEINBERG, Respondent, v. EHRENBERG BRASS MANUFACTURING COMPANY, Employer, and THE UNITED STATES FIDELITY AND GUARANTY COMPANY, Insurance Carrier, Appellants. Motion denied.

Before STATE INDUSTRIAL COMMISSION, Respondent. In the Matter of the Claim of HYMAN KRINSKY, Respondent, for Compensation under the Workmen's Compensation Law, v. WARD & Gow, Employer, Appellant.Motion granted.

Before STATE INDUSTRIAL COMMISSION, Respondent. In the Matter of the Claim of MABEL J. LUTZ, Respondent, for Compensation under the Workmen's Compensation Law, Claimed to Be Due WILLIAM A. LUTZ, Her Husband, Deceased, v. THEO. P. Huffman & Co., Employer, and ZURICH GENERAL ACCIDENT AND LIability Insurance Company, LTD., Insurance Carrier, Appellants. Motion denied.

In the Matter of the Application of the BOARD OF WATER SUPPLY OF THE CITY OF NEW YORK to Acquire Real Estate in the County of Ulster under Chapter 724 of the Laws of 1905, and the Acts Amendatory Thereof, for the Purpose of Providing an Additional Supply of Pure and Wholesome

Third Department, January, 1921.

[Vol. 195. Water for the Use of the City of New York. JEROME H. BUCK, Owner of Parcel 7, Claimant, Appellant; THE CITY OF NEW YORK, Respondent.— Motion for reargument denied. Motion for leave to appeal to Court of Appeals granted, and questions certified as follows: 1. Under section 15, chapter 724 of the Laws of 1905, has a claimant the right to move for the rejection or confirmation of a report of commissioners of appraisal before the expiration of the ten days within which the corporation counsel of the city of New York shall move for the confirmation thereof, as provided by said section 15? 2. Can a claimant move for the rejection of a report of commissioners of appraisal after the corporation counsel of the city of New York has within the statutory time 'provided by section 15 noticed same for confirmation?

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.Motion denied.

Before STATE INDUSTRIAL COMMISSION, Respondent. In the Matter of the Claim of ANNA KLOTZ, Widow, and Others, Respondents, v. Buffalo UNION FURNACE COMPANY, Employer, and MARYLAND CASUALTY COMPANY, Insurance Carrier, Appellants.- Motion denied.

Before STATE INDUSTRIAL COMMISSION, Respondent. In the Matter of the Claim of MARY MOONEY, Respondent, for Compensation under the Workmen's Compensation Law, v. DELMONIco's, Employer, and ZURICH GENERAL ACCIDENT AND LIABILITY INSURANCE COMPANY, LTD., Insurance Carrier, Appellants. Motion denied.

In the Matter of the Application of CHARLES S. DEVOY for a Writ of Mandamus against CHARLES L. CRAIG, as Comptroller of the City of New York, and JAMES A. MCQUADE.-Motion denied.

Before STATE INDUSTRIAL COMMISSION, Respondent. In the Matter of the Claim of NORMAN SMITH, Appellant, for Compensation to Himself under the Workmen's Compensation Law, V. THOMAS KEERY CO., INC., Employer, and THE FIDELITY AND CASUALTY COMPANY OF NEW YORK, Insurance Carrier, Respondents.- Motion granted by default.

Before STATE INDUSTRIAL COMMISSION, Respondent. In the Matter of the Claim of ISRAEL FELDMAN, Employee, Respondent, for Compensation under the Workmen's Compensation Law, V. ELMONT CEMETERY, INC., Employer, Appellant. Motion denied.

Before STATE INDUSTRIAL COMMISSION, Respondent. In the Matter of the Claim for Compensation under the Workmen's Compensation Law, Made by RICHARD J. ZIMMER, Respondent, v. CHARLES L. SEABURY & COMPANY, Employer, and the UNITED STATES FIDELITY AND GUARANTY COMPANY, Insurance Carrier, Appellants. Motion denied.

Before STATE INDUSTRIAL COMMISSION, Respondent. In the Matter of the Claim of ARLIE F. PECK, Respondent, for Compensation under the Workmen's Compensation Law to Herself and Children, v. TASSELL & FAIR

App. Div.]

Third Department, January, 1921.

BANKS, Employers, and THE FIDELITY AND CASUALTY COMPANY OF NEW YORK, Insurance Carrier, Appellants.- Motion denied.

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. Motion denied.

Before STATE INDUSTRIAL COMMISSION, Respondent. In the Matter of the Claim of KATHERINE ANTHUS, Respondent, for Compensation Arising Out of the Death of PAUL ANTHUS, under the Workmen's Compensation Law, v. THE RAIL JOINT COMPANY, Employer, and AMERICAN MUTUAL LIABILITY INSURANCE COMPANY, Insurance Carrier, Appellants.- Motion granted.

Before STATE INDUSTRIAL COMMISSION, Respondent. In the Matter of the Claim of ANNA ERTEL, the Surviving Wife of CHARLES ERTEL, Deceased, Appellant, for Compensation under the Workmen's Compensation Law, v. JOHN FEIST Sons Company, Employer, and Lumber MUTUAL INSURANCE COMPANY, Insurance Carrier, Respondents. Motion denied, with leave to renew if so advised.

Before STATE INDUSTRIAL COMMISSION, Respondent. In the Matter of the Claim for Compensation under the Workmen's Compensation Law, Made by DORA RATTNER, Widow, on Behalf of Herself and Dependent Children under the Age of Eighteen Years, on Account. of the Death of CHARLES D. RATTNER, Deceased, v. DAVID SCHIFF, Employer, and EMPLOYERS' LIABILITY ASSURANCE CORPORATION, Insurance Carrier, Respondents. Motion denied, without costs, with leave to renew if so advised.

Before STATE INDUSTRIAL COMMISSION, Respondent. In the Matter of the Claim of MARY HLUBOKY, Respondent, for Compensation under the Workmen's Compensation Law, for the Death of CHARLES HLUBOKY, V. PAUL KOPITZ, Employer, and MARYLAND CASUALTY COMPANY, Insurance Carrier, Appellants.- Award affirmed. All concur, except Cochrane, J., dissenting.

Before STATE INDUSTRIAL COMMISSION, Respondent. In the Matter of the Claim of JOHN J. TAFT, Respondent, for Compensation under the Workmen's Compensation Law, v. CHAMPLAIN SILK MILLS, Employer, and AMERICAN MUTUAL LIABILITY INSURANCE COMPANY, Insurance Carrier, Appellants. The average weekly wage was found to be twenty-two dollars and four cents, the amount which the employer stipulated. In making its computation the Commission allowed fifteen dollars per week. Twothirds of twenty-two dollars and four cents is fourteen dollars and seventy cents which should be the weekly compensation and to that amount the award should be reduced. With this modification the award is affirmed. All

concur.

Before STATE INDUSTRIAL COMMISSION, Respondent. In the Matter of the Claim for Compensation under the Workmen's Compensation Law, Made on Account of the Death of FLOYD E. WHITTEMORE, Deceased, by

Third Department, January, 1921.

[Vol. 195. CHARLES E. WHITTEMORE, Father; and the Claim of GERTRUDE A. WHITTEMORE, Mother, Respondent, v. BINGHAMTON LIGHT, HEAT AND POWER COMPANY, Employer, and UTILITIES MUTUAL Insurance COMPANY, Insurance Carrier, Appellants.- Award unanimously affirmed.

J. HERMON MCLEAR, Respondent, v. JOSEPH BALMAT and Others, Appellants.- Motion for reargument denied. Motions for leave to appeal to the Court of Appeals granted. Van Kirk, J., not sitting.

BORDEN H. MILLS, as Trustee in Bankruptcy of the PLAYTHINGS CORPORATION, Bankrupt, Respondent, v. D. HARRY FRIEDMAN, Appellant.— Motion denied.

HARRIET E. OSTRANDER V. GEORGE N. OSTRANDER.- Order entered.

AARON POCKROSE and Others, Respondents, v. ISRAEL SHAPIRO, Appellant.-Motion granted, unless appellant within twenty days files and serves printed case on appeal and pays ten dollars costs of this motion, in which case motion is denied, without costs.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FREDERICK W. PARSONS, Appellant.- Order resettled so as to provide that the reversal is for errors of law only, and not for errors or questions of fact, or as a matter of discretion.

ELIZA J. PELLS, Respondent, v. CARL KATZENSTEIN, Appellant.- Motion denied.

THE PEOPLE OF THE STATE OF NEW YORK ex rel. MARTHA E. STILES, Respondent, v. PATRICK HARVEY, as Sole Trustee of School District No. 10, Town of Altona, County of Clinton, State of New York, Appellant.— Order unanimously affirmed, with fifty dollars costs and disbursements. THE PEOPLE OF THE STATE OF NEW YORK ex rel. HORACE M. HICKS, Respondent, v. THERON AKIN, as Mayor of the City of Amsterdam, N. Y., Appellant. Order unanimously affirmed, with costs. Van Kirk, J., not sitting.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARMELO MOLINO, Appellant. Judgment of conviction reversed, and a new trial granted, on the ground that errors of law were committed by the court in the admission of evidence. All concur.

HELEN READE, Appellant, v. WILLIAM J. HALPIN and Others, Respondents. Motion denied.

SPRINGFIELD BREWERIES COMPANY, Respondent, v. DEWEY MILLER and VIRGINIA L. MARTIN, Appellants.- Motion granted, unless appellant within twenty days files and serves printed case on appeal and pays ten dollars costs of this motion, in which case motion is denied, without costs.

CORNELIUS F. TIERNEY, Individually and as Administrator, etc., of MARY E. TIERNEY, Deceased, Respondent, v. GEORGE W. PERKINS, as President of the CIGARMAKERS' INTERNATIONAL UNION OF AMERICA, Appellant. Motion granted.

MATHEW B. TARBELL, Respondent, v. CHARLES L. BANKS, Appellant.— Order affirmed, with ten dollars costs and disbursements. All concur, except Kiley, J., dissenting.

MARGUERITE A. Valliere, as Administratrix, etc., of Joseph Valliere,