Majority
p. 812In the Matter of James F. Lambrecht et al., Infants, by Catherine Fitzsimmons, Their Guardian ad Litem, against George P. Monaghan, as Police Commissioner of the City of New York, and Chairman of the Board of Trustees of the Police Pension Fund, et al.
By stipulation of the parties, the application for the pension filed November 17, 1947, was deemed to be part of the record before the court. Defendant does not ask reargument on the issues of law decided, but on a claimed issue of fact which was not urged on the appeal. The record is deemed to be amended pursuant to the stipulation and the motion for reargument is denied. Present — Peck, P. J., Dore, Cohn, Callahan and Yan Yoorhis, JJ. [See 280 App. Div. 618 .]