People ex rel. Pennsylvania Railroad v. Leo — 256 N.Y. 682

Majority

p. 682

The People of the State of New York ex rel. The Pennsylvania Railroad Company, Respondent, v. John P. Leo et al., Constituting the Board of Appeals of the City of New York, Appellants.

(Argued June 1, 1931;

decided June 16, 1931.)

Arthur J. W. Hilly, Corporation Counsel (Henry J. Shields and J. Joseph Lilly of counsel), for appellants.

John Vance Hewitt and F. W. H. Adams for respondent.

Appeal dismissed, with costs, on the ground that by lapse of time the controversy has become academic; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg and Hubbs, JJ. Not sitting: O’Brien, J,