March 3, 1909, which affirmed an order of Special Term in a proceeding to review a local assessment.

William B. Hoyt for appellant.

Louis E. Desbecker, Corporation Counsel (Samuel F. Moran of counsel), for respondent.

Order affirmed, with costs; no opinion.

Concur: CULLEN, Ch. J., EDWARD T. BARTLETT, HAIGHT, VANN, WILLARD BARTLETT, HISCOCK and CHASE, JJ.

THE PEOPLE OF THE STATE OF NEW YORK ex rel. FRANCIS C. MURPHY, Appellant, v. THEODORE A. BINGHAM, as Police Commissioner of the City of New York, Respondent.

People ex rel. Murphy v. Bingham, 130 App. Div. 112, affirmed. (Argued October 4, 1909; decided October 19, 1909.)

APPEAL from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 15, 1909, which affirmed an order of Special Term denying a motion for a peremptory writ of mandamus to compel the defendant to recognize the relator as a telegraph operator with the rank and compensation of a lieutenant of police in the police department of the city of New York.

William II. Good and J. Grattan MacMahon for appellant.

Francis K. Pendleton, Corporation Counsel (Terence Farley, Theodore Connoly and Thomas F. Noonan of counsel), for respondent.

Order affirmed, with costs; no opinion.

Concur: CULLEN, Ch. J., EDWARD T. BARTLETT, HAIGHT, VANN, WILLARD BARTLETT, HISCOCK and CHASE, JJ.

THE PEOPLE OF THE STATE OF NEW YORK ex rel. David H. HUNT, Appellant, v. CHARLES M. LANE, as Sheriff of the County of Westchester, Respondent.

People ex rel. Hunt v. Lane, 132 App. Div. 406, affirmed. (Argued October 5, 1909; decided October 19, 1909.)

APPEAL from an order of the Appellate Division of the Supreme Court in the second judicial department, entered May 12, 1909, which affirmed an order of Special Term dismissing a writ of habeas corpus and remanding relator to the custody of defendant.

David H. Hunt for appellant.

Francis A. Winslow and Frederick E. Weeks for respondent.

Order affirmed; no opinion.

Concur: CULLEN, Ch. J., EDWARD T. BARTLett, Haight, VANN, WILLARD BARTLETT, HISCOCK and CHASE, JJ.

In the Matter of Acquiring Title by the CITY OF NEW YORK, Respondent, to Certain Lands as a Site for the Blackwell's Island Bridge.

DAVID SHAPIRO et al., Appellants.

Matter of City of New York (Blackwell's Island Bridge), 133 App. Div. 896, affirmed.

(Argued October 5, 1909; decided October 19, 1909.)

APPEAL from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 25, 1909, which affirmed an order of Special Term confirming the report of commissioners of estimate and assessment in the above-entitled proceeding.

D. E. Ainsworth and Albert I. Sire for appellants.

Francis K. Pendleton, Corporation Counsel (Theodore Connolly and Clarence L. Barber of counsel), for respondent.

Order affirmed, with costs; no opinion.

Concur: CULLEN, Ch. J., EDWARD T. BARTLETT, HAIGHT, VANN, WILLARD BARTLETT, HISCOCK and CHASE, JJ.

THE PEOPLE OF THE STATE OF NEW YORK ex rel., WACLARK REALTY COMPANY, Appellant, v. FRANK A. O'DONNEL et al., as Commissioners of Taxes and Assessments of the City of New York, Respondents.

People ex rel. Waclark Realty Co. v. O'Donnel, 130 App. Div. 880, affirmed.

(Argued October 5, 1909; decided October 19, 1909.)

APPEAL from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 22, 1909, which affirmed an order of Special Term dismissing a writ of certiorari to review an assessment for taxation against certain real property of relator.

Edward L. Blackman for appellant.

Francis K. Pendleton, Corporation Counsel (David Rumsey and William H. King of counsel), for respondents.

Order affirmed, with costs; no opinion.

Concur: CULLEN, Ch. J., EDWARD T. BARTLETT, HAIGHT, VANN, WILLARD BARTLETT, HISCOCK and CHASE, JJ.

In the Matter of the Application of ANDREW DITTRICH, as Executor under the Will of MARY DITTRICH, Deceased, for the Removal of ELLEN C. DUFFY, as Executrix and Testamentary Trustee under Said Will.

ELLEN C. DUFFY, Appellant; ANDREW DITTRICH, as Executor, et al., Respondents.

Matter of Dittrich v. Duffy, 128 App. Div. 893, affirmed. (Argued October 5, 1909; decided October 19, 1909.)

APPEAL from an order of the Appellate Division of the Supreme Court in the second judicial department, entered October 16, 1908, which affirmed a decree of the Kings

County Surrogate's Court surcharging the accounts of Ellen C. Duffy, as executrix of Mary Dittrich, deceased.

Patrick Rooney for appellant.

Francis G. Caffey, Samuel II. Evins and John P. East for respondents.

Order affirmed, with costs; no opinion.

Concur: CULLEN, Ch. J., EDWARD T. BARTLETT, HAIGHT, VANN, WILLARD BARTLETT, HISCOCK and CHASE, JJ,

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH FERONE, Appellant.

People v. Ferone, 120 App. Div. 323, affirmed.

(Submitted June 14, 1999; decided October 19, 1909.)

APPEAL from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 28, 1907, which affirmed a judgment of the Court of General Sessions of the Peace in the city of New York rendered upon a verdict convicting defendant of the crime of murder in the second degree and an order denying a motion for a new trial.

George M. Curtis for appellant.

Wm. Travers Jerome, District Attorney (Robert S. Johnstone of counsel), for respondent.

Per Curiam. We have examined all of the exceptions taken on behalf of the defendant as to the charge, the requests to charge, the rulings on the admission and exclusion of evidence, and find no reversible error.

We are precluded from an examination of the facts by the unanimous affirmance of the judgment by the Appellate

Division.

The judgment of conviction should be affirmed.

CULLEN, Ch. J., GRAY, EDWARD T. BARTLETT, WERNER, WILLARD BARTLETT and HISCOCK, JJ., concur; CHASE, J.,

absent.

Judgment of conviction affirmed.

THE PEOPLE OF THE STATE OF NEW YORK ex rel. DE FOREST GRANT et al., Respondents, v. ATLANTIC TERRA COTTA COMPANY et al., Appellants.

People ex rel. Grant v. Atlantic Terra Cotta Co., 133 App. Div. 890, affirmed.

(Argued October 6, 1909; decided October 26, 1909.)

APPEAL from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 14, 1909, which affirmed an order of Special Term granting a motion for a peremptory writ of mandamus to compel defendants to permit relators to examine the books of the defendant corporation.

Graham Sumner for appellants.

John M. Perry for respondents.

Order affirmed, with costs, on opinion in People ex rel. Leach v. Central Fish Co. (117 App. Div. 77).

Concur: CULLEN, Ch. J., EDWARD T. BARTLETT, HAIGHT, VANN, WILLARD BARTLETT, HISCOCK and CHASE, JJ.

ANNA C. M. WEBSTER, Respondent, v. THE COLUMBIAN NATIONAL LIFE INSURANCE COMPANY, Appellant.

Webster v. Columbian Nat. Life Ins. Co., 131 App. Div. 837, affirmed. (Argued October 6, 1909; decided October 26, 1909.)

APPEAL, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 23, 1909, which affirmed an order of Special Term continuing pendente lite a preliminary injunction restraining the prosecution of a suit theretofore commenced in the Supreme Court of Massachusetts.

The following questions were certified:

"First. Does it appear from the complaint that the plaintiff is entitled to judgment against the defendant restraining the defendant from prosecuting the action in the State of Massa