People ex rel. La Chicotte v. Stevenson — 137 A.D. 940

Majority

p. 940

The People of the State of New York ex rel. Henry A. La Chicotte, Appellant, v. James W. Stevenson, as Commissioner of Bridges of the City of New York, Respondent.

Headnote

Appeal from an order as resettled, entered in the Hew York county clerk’s office on the 1st day of February, 1910, which ordered that Kingsley L. Martin, commissioner, etc., be added as a party defendant, etc.

The order appealed from should be modified by striking out the paragraph ordering “ that Kingsley L. Martin, Commissioner of Bridges of the City of Héw York, be and he hereby is added asa party defendant for the purpose of receiving the check in payment of costs and disbursements to be taxed, the proceeds of said" check to be deposited by said Kingsley L. Martin in the treasury of the City of Hew York;’’ and inserting in lieu thereof that Kingsley L'. Martin, commissioner of bridges of the city of Hew York, be and he hereby is substi- •. tutéd in the place of James W. Stevenson as- defendant herein; and as so modified affirmed, without costs. Present — Ingraham, ,P. J.; McLaughlin, Clarke, Scott and Dowling, JJ. Order modified as directed in opinion and as so modified affirmed, without costs. Settle order on notice. ,