Edward Young, Jr., as executors of the last will and testament of Adolph F. Braidich, deceased. PER CURIAM. Order resettled nunc pro tunc as of the date of July 23, 1907, to the extent of striking out the recital in parenthesis at folio 31: "A majority of this court concurring." In other respects, motion to resettle denied, without costs, but this without prejudice to proceedings already had on the appeal from this court.

In re SIMES. (Supreme Court, Appellate Division, Fourth Department. Sept. 25, 1907.) In the matter of the application of Ernest A. Simes for an order, etc.

PER CURIAM. Order modified, so as to allow the appellant $300 for services, besides $115.42 for disbursements, and direct payment of the balance, with interest, and, as modified, affirmed, with $10 costs and disbursements to appellant.

MCLENNAN, P. J., and SPRING, J., dis

sent.

SIMMONS, Appellant, V. NEW YORK CENT. & H. R. R. CO., Respondent. (Supreme Court, Appellate Division, Fourth Department. October 16, 1907.) Action by Nellie Simmons, as administratrix, etc., against the New York Central & Hudson River Railroad Company. No opinion. Judgment affirmed, with costs.

SLACK, Respondent, v. NEW YORK CENT. & H. R. R. CO., Appellant. (Supreme Court, Appellate Division, Fourth Department. October 16, 1907.) Action by Will A. Slack against the New York Central & Hudson River Railroad Company. No opinion. Judgment affirmed, with costs.

for respondent. No opinion. Order affirmed, with $10 costs and disbursements. Order filed.

SMITH et al., Respondents, v. IRVIN et al., Appellants. (Supreme Court, Appellate Division, First Department. October 25, 1907.) Ac tion by Mary I. Smith and another against Mary M. Irvin, individually etc., and others. F. Woodbridge, for appellants. R. K. Prentice, for respondents. No opinion. Order affirmed, with $10 costs and disbursements. Order filed.

SMITH, Appellant, v. STORK et al., Respondents. (Supreme Court, Appellate Division, Second Department. October 11, 1907.) Action by Ernst Smith against Emilie C. Stork and Reba Tyler Jackson, as administratrix of Susan M. Van Namee, deceased.

PER CURIAM. Motion to dismiss appeal granted, with costs, unless the appellant perfect the appeal within 20 days and pay the respondents $10 costs. On compliance, motion to dismiss the appeal will be denied, and the case placed at the foot of the present calendar.

SPICER, Appellant, v. PEPPER et al., Respondents. (Supreme Court, Appellate Division, Fourth Department. October 19, 1907.) Action by Charlotte Pamelia Spicer against Jolin J. Pepper and others.

PER CURIAM. Order amended, so as to direct that there be stricken from the third defense the words, "realleges all the allegations hereinbefore set forth in the first and second defenses to the complaint herein, the same as though fully set forth herein," and, as so amended, affirmed,

without costs, with leave to plaintiff to make a separate motion for bill of particulars. MCLENNAN, P. J., not sitting.

SPICER, Appellant, v. STRYKER et al., Respondents. (Supreme Court, Appellate Division, Fourth Department. October 19, 1907.) Ac tion by C. Pamelia Spicer against Wilson H. Stryker and others.

PER CURIAM. Order amended, so as to direct that there be stricken from the third defence the words, "realleges all the allegations hereinbefore set forth in the first and second defenses to the complaint herein, the same as though fully set forth herein," and, as so amended, affirmed, without costs, with leave to plaintiff to make a separate motion for bill of particulars.

MCLENNAN, P. J., not sitting.

SQUIRE, Appellant, v. ORDEMANN, Respondent, et al. (Supreme Court, Appellate Division, First Department. November 8, 1907.) Action by Benjamin Squire against Ernst Ordemann, impleaded. L. A. Gould, for appellant. H. H. Glass, for respondent. No opinion. Judgment and order affirmed, with costs. Order filed.

STAIGER, Appellant, v. KLITZ et al., Respondents. (Supreme Court, Appellate Division, Second Department. October 4, 1907.) Action by Christopher Staiger against Robert H. Klitz and another. No opinion. Order affirmed, with $10 costs and disbursements.

STARR v. SPINGARN. (Supreme Court, Appellate Division, First Department. October 18, 1907.) Action by Michael Starr against Samuel R. Spingarn. No opinion. Motion denied, with $10 costs. Order filed.

STATE BOARD OF PHARMACY, Respondent, v. MATTHEWS et al., Appellants. (Supreme Court, Appellate Division, First Department. November 8, 1907.) Action by the State Board of Pharmacy against Gardiner D. Matthews and another. E. E. Wise, for appellants. H. A. Herold, for respondent.

PER CURIAM. Determination affirmed, with costs. Judgment ordered for plaintiff, with costs. Order filed. See 52 Misc. Rep. 492, 102 N. Y. Supp. 507. LAUGHLIN and HOUGHTON, JJ., dissent.

=

STEPHAN, Appellant, v. KATZ, Respondent. (Supreme Court, Appellate Division, Second Department. October 4, 1907.) Action by John Stephan against Samuel Katz. No opinion. Judgment of the Municipal Court affirmed, with costs.

In re STREET BETWEEN BAYVIEW AVE. & ELDERT AVE., IN FIFTH WARD. BOROUGH OF QUEENS, IN CITY OF NEW YORK. (Supreme Court, Appellate Division, Second Department, October 18, 1907) In the matter of the street between Bayview avenue & Eldert avenue, in the Fifth Ward. borough of Queens, in city of New York.

PER CURIAM. The order does not open a default, but in effect reviews and reverses the order confirming the report of the commissioners of estimate and assessment. Aside from the question of power, we do not think the papers presented justified the action of the court at Special Term. The order is reversed, with $10 costs and disbursements, and the mo tion denied, with costs.

STRUNSKY et al., Respondents, v. MINSKY, Appellant. (Supreme Court, Appellate October 11. Division, Second Department. 1907.) Action by Maurice I. Strunsky and another against Louis Minsky. No opinion. Motion to dismiss appeal denied, with costs.

STUDWELL et al., Appellants, v. PALLISER et al., Respondents. (Supreme Court, Appellate Division, Second Department. October 4, 1907.) Action by George H. Studweil and another against Melvin G. Palliser and another. No opinion. Judgment affirmed, with costs.

SWEET, Appellant, v. SWEET, Respondent. (Supreme Court, Appellate Division. Fourth Department. September 25, 1907.) Ac tion by D. Bradley Sweet against Fannie 0. Sweet, individually, etc.

PER CURIAM. Motion to dismiss appeal granted, with $10 costs, unless the appellant shall within 15 days from the date of service of a copy of this order, together with notice of entry thereof, file and serve the printed papers on appeal, as provided by rule 41, and pay to the respondent's attorney $10 costs of this motion, in which event said motion is denied.

SWEZEY, Respondent, v. VILLAGE OF BATAVIA, Appellant. (Supreme Court, Appellate Division, Fourth Department. October 2, 1907.) Action by Hiram Swezey against the village of Batavia.

PER CURIAM. Order affirmed, with $10 costs and disbursements.

SWEZEY, Respondent. v. VILLAGE OF BATAVIA, Appellant. (Supreme Court, Ap

TALCOTT v. MORAN. (Supreme Court, Appellate Division, First Department. October 18, 1907.) Action by James Talcott against John A. Moran. No opinion. Motion granted, with $10 costs. Order filed.

TALLMAN, Appellant, v. E. F. GOODRICH CO. OF NEW YORK, Respondent. (Supreme Court, Appellate Division, Second Department. October 18, 1907.) Action by Charles A. Tallman against the E. F. Goodrich Company of New York. No opinion. Judgment and order affirmed by default, with

costs.

TAMBLIN et al., Respondents, v. DONELY et al., Appellants. (Supreme Court, Appellate Division, Fourth Department. October 2, 1907.) Action by James I. Tamblin and others against Frank Donely and others.

PER CURIAM. Motion to dismiss appeal as to John F. Donely and Frank Donely denied, with $10 costs and disbursements. Held that, in order to raise on the merits the question here presented, the attorneys for the respondents should have promptly notified the attorney for the appellants that he refused to recognize his notice of appeal for all defendants.

TAYLOR, Respondent, v. LISMAN, Appellant. (Supreme Court, Appellate Division, Second Department. October 4, 1907.) Action by Elizabeth R. Taylor against Anthony A. Lisman.

PER CURIAM. Judgment and order of the City Court of Mt. Vernon affirmed, with costs. plaintiff has failed to establish by a fair preRICH, J., dissents, on the ground that the ponderance of evidence that the defendant received an order to sell at 512.

October

TAYLOR v. MUNRO. (Supreme Court, Ap18, 1907.) Action by Lester C. Taylor against pellate Division, First Department. Norma L. Munro. No opinion. Motion granted, with $10 costs. Order filed.

THOMAS, Respondent, v. STORM, et al., Appellants. (Supreme Court, Appellate Division. Second Department. October 4, 1907.) Action by Marian H. Thomas against George H. Storm and others. No opinion. Judgment and order unanimously affirmed, with costs.

THOMPSON v. CARPENTER et al. (Supreme Court, Appellate Division, Third Department. November 13, 1907.) Action by David A. Thompson against Jonathan M. Carpenter and others. No opinion. Order affirmed, with $10 costs and disbursements.

THOMPSON, Respondent, v. CITY OF BUFFALO, Appellant. (Supreme Court, Appellate Division, Fourth Department. October 16, 1907.) Action by Margaret Thompson against the city of Buffalo. No opinion. Order affirmed, with costs.

TIFFANY, Respondent, v. ELLIS, Appellant, et al. (Supreme Court, Appellate DiviAction by Henry C. Tiffany against John J. October 16, 1907.) sion. Fourth Department. Ellis, impleaded with others.

PER CURIAM. Interlocutory judgment affirmed, with costs, with leave to the defendant to plead over, upon payment of the costs of the demurrer and of this appeal.

WILLIAMS, J., dissents. ROBSON, J., not

sitting.

TOBIN, Appellant, v. QUENZER et al., Respondents. sion, Second Department. October 18, 1907.) (Supreme Court, Appellate DiviAction by Adaline Gertrude Tobin against Irene Quenzer and others. No opinion. Final order of the Municipal Court affirmed, with costs.

THOMPSON BONNEY CO., Respondent, v. I. S. VAN LOAN CO., Appellant. (Supreme Court, Appellate Division, Second Department. October 18, 1907.) Action by the Thompson Bonney Company against the I. S. Van Loan Company. No opinion. Judgment of the Municipal Court affirmed, with costs.

TOWNSEND et al., Appellants, v. PENDLE TON, Respondent. (Supreme Court, Appellate Division, Second Department. October 11, 1907.) Action by Emma A. Townsend, individually and as administratrix, etc., and others, against Jennie F. Pendleton, individually and as executrix, etc. No opinion. Motion denied, with costs.

V.

TRUSTEES OF VILLAGE OF SARATOGA SPRINGS, Respondent, SARATOGA GAS, ELECTRIC LIGHT & POWER CO., Appellant. (Supreme Court, Appellate Division, Third Department. September 26, 1907.) Complaint of the trustees of the village of Saratoga Springs against the Saratoga Gas, Electric Light & Power Company. No opinion. Application for stay denied.

TURNER, Appellant, v. QUILLIN et al., Respondents. (Supreme Court, Appellate Division, Second Department. October 18, 1907.) Action by Catherine D. Turner against Helen Elizabeth Quillin and others. No opinion. Judgment affirmed with costs.

TYLER, Respondent, v. STANDARD WINE CO., Appellant. (Supreme Court, Appellate Division, Fourth Department. October 9, 1907.) Action by James R. Tyler against the Standard Wine Company. No opinion. Judgment (102 N. Y. Supp. 65) affirmed, with costs.

TYSON. Appellant, v. BOARD OF EDUCATION OF NEW YORK, Respondent. (Supreme Court, Appellate Division, First Department. October 25, 1907.) Action by Frank L. Tyson against the board of education of New York. J. M. Wight, for appellant. T. Connoly, for respondent. No opinion. Judgment affirmed, with costs. Order filed.

Ac

UNION SURETY & GUARANTY CO. v. GREATER NEW YORK AMUSEMENT CO. et al. (Supreme Court, Appellate Division, First Department. November 8, 1907.) tion by the Union Surety & Guaranty Company against the Greater New York Amusement Company and others. No opinion. Motion granted, on condition that appellant have its appeal ready for argument at the December term. Settle order on notice.

VAN DRUTEN v. ROFF. (Supreme Court, Appellate Division, Third Department. September 26, 1907.) Action by Cornelia Van Druten, an infant, by Mary Van Druten, her guardian ad litem, against Isaac Roff. No opinion. Motion denied.

O'Neill, for respondent No opinion. Order modified, by inserting therein as a further condition that the plaintiff pay all costs of the action to date, and $10 costs of motion, and, as so modified, affirmed, without costs. Order filed.

VILLAGE OF FT. EDWARD v. HUDSON VALLEY RY. CO. et al. (Supreme Court, ber 13, 1907.) Action by the village of Ft. EdAppellate Division, Third Department. Novem ward against the Hudson Valley Railway Company and another. No opinion. Order affirmed, with $10 costs and disbursements, on the ground that the defendants have not complied with seetion 53 of the public service commission law (Laws 1907, p. 920, c. 429).

VILLAGE OF FT. EDWARD, Respondent, v. HUDSON VALLEY RY. CO. et al., Appellants. (Supreme Court, Appellate Division, Third Department. November 27, 1907.) Aetion by the village of Ft. Edward against the Hudson Valley Railway Company and another.

PER CURIAM. Motion for leave to go to the Court of Appeals.granted, and questions certified as follows: "First. Were the defendants required by law to obtain from the board of trustees of the village of Ft. Edward, or from the village of Ft. Edward, consent to construct and maintain the connection in question? Second. Were the defendants required by law to obtain from the public service commission, by the provisions of section 53 thereof (Laws 1907, p. 920, c. 429), consent of said commission to the construction and maintenance of the proposed connection between the railroads in question?"

In re VILLAGE OF MEDINA. (Supreme Court, Appellate Division, Fourth Department. October 16, 1907.) In the matter of the refund of illegal and improper taxes to the village of Medina, etc.

1018) affirmed, with costs. PER CURIAM. Order (103 N. Y. Supp.

WILLIAMS, J., dissents.

VILLAGE OF SARATOGA SPRINGS, Respondent, v. SARATOGA GAS, ELECTRIC LIGHT & POWER CO., Appellant. (Supreme Court, Appellate Division, Third Department. November 27, 1907.) In the complaint of trustees of the village of Saratoga Springs against the Saratoga Gas, Electric Light & Power Com

pany.

VESTRI, Respondent, v. F. W. GESSWEIN CO., Appellant. (Supreme Court. Appellate Division, First Department. November 8, 1907.) Action by John Vestri against the F. W. Gesswein Company. L. Cohn, for appellant. T. J.

VIO CHEMICAL CO., Respondent, v. STUDHOLME. Appellant. (Supreme Court, Appellate Division, Fourth Department. October 2, 1907.) Action by the Vio Chemical Company against Foster Studholme.

WALSH, Respondent, V. NEW YORK CENT. & H. R. R. CO., Appellant. (Supreme Court, Appellate Division, Fourth Department. November 20, 1907.) Action by Martin T. Walsh against the New York Central & Hudson River Railroad Company.

PER CURIAM. Judgment and order reversed, and new trial ordered, with costs to appellant to abide the event, unless the plaintiff, within 20 days, stipulates to reduce the verdict to the sum of $50 as of the date of the rendition thereof, in which event the judgment is modified accordingly, and, as so modified, affirmed, without costs of this appeal to either party. ROBSON, J., dissents, and votes for affirm

ing.

WARD et al., Appellants, v. KENNEDY et al.. Respondents. (Supreme Court, Appellate Division, First Department. November 8, 1907.) Action by Martin J. Ward and another against John W. Kennedy and another. D. C. Meyers, for appellants. A. C. Eustace, for respondents. No opinion. Judgment and order (51 Misc. Rep. 422, 101 N. Y. Supp. 524) affirmed, with costs. Order filed.

WARD, Appellant, v. NEW YORK & E. R. FERRY CO.. Respondent. (Supreme Court, Appellate Division, Second Department. Octo: ber 23, 1907.) Action by Edward J. Ward against the New York & East River Ferry Company. No opinion. Judgment of the County Court of Queens county affirmed, with costs.

WARRICK. Respondent. v. LYONS NAT. BANK, Appellant. (Supreme Court, Appellate Division, Fourth Department. November 13, 1907.) Action by Clara B. Warrick against the Lyons National Bank.

PER CURIAM. Judgment and order affirmed, with costs.

MCLENNAN, P. J., dissents.

WATERFORD ELECTRIC LIGHT, HEAT & POWER CO., Appellant, v. REED et al., Respondents. (Supreme Court, Appellate Division, Third Department. November 13, 1907.) & Power Company against Kate E. Reed and Action by the Waterford Electric Light, Heat others.

PER CURIAM. Order affirmed, with costs. See 47 Misc. Rep. 406, 94 N. Y. Supp. 551. COCHRANE, J., not sitting.

WEIDENMANN, Respondent, v. BISSELL, Appellant. (Supreme Court, Appellate Division, Fourth Department. November 13, 1907.) Action by Adolph Weidenmann against Chas. H Bissell. No opinion. Judgment and order affirmed, with costs.

WHITAKER, Respondent, v. KILBY et al., Appellants. (Supreme Court, Appellate Division, Fourth Department. November 13, 1907.) Action by J. K. Whitaker against A. E. Kilby and others. No opinion. Order (106 N. Y. Supp. 511) affirmed, without costs.

In re WHITE. (Supreme Court, Appellate Division, Third Department. November 21, Patrick F. White for leave to open and examine 1907.) In the matter of the application of the contents of the boxes and envelopes of ballots of the four election districts of the Eighth Ward of the city of Albany used at the general election held on the 5th day of November, 1907.

PER CURIAM. Order modified by striking out all thereof after the words "at their respecthereof, "and that upon such examination the tive places of residence," and inserting in lieu custodian of such boxes may separate and inclose in unsealed envelope or envelopes such ballots therefrom as said petitioner or said Patrick H. McDonald may desire, or claim to be void or marked for identification; that such envelopes may be marked by such custodian as either party may desire, but that the ballots