Majority
p. 775
Anthony J. Imperial, for Himself and All Others Similarly Situated, Respondent, v. Ellis L. Phillips and Others, Defendants. Thomas P. Fitzsimmons and Another, Plaintiffs; William N. Miller and William E. O’Reilly, Jr., Jerome Saalberg, Beatrix Saalberg, Herman Saalberg and Henry L. Schenk, as Executors of and Trustees under the Last Will and Testament of Jacob Saalberg, Deceased, Sol Marks, Appellants, v. Long Island Lighting Company and Others, Defendants.
Order consolidating actions affirmed, in so far as an appeal is taken therefrom, with ten dollars costs and disbursements. The court understands -pro rata to mean one-fourth, there now being four plaintiffs. Although the court disposes of tills matter in order to save further time and expense, the motion should have been made in New York county. Lazansky, P. J., Young, Hagarty, Carswell and Davis, JJ., concur.