Majority
Headnote
Appeal from Special Term, New York County. Proceeding by the People of the State of New York, on the relation of Henry A. La Chicotte, against James W. Stevenson, as Commissioner, etc. From an order directing that Kingsley L. Martin, as Commissioner, etc., be added as a party defendant, relator appeals.The order appealed from should be modified, by striking out the paragraph ordering “that Kingsley L. Martin, commissioner of bridges of the city of New York, be and he hereby is added as a 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 New York,” and inserting in lieu thereof that Kingsley L. Martin, commissioner of bridges of the city of New York, be and he hereby is substituted in the place of James W. Stevenson as defendant herein, and, as so modified, affirmed, without costs. Settle order on notice.
Cases cited
- People ex rel. La Chicotte v. Stevenson 57 Misc. Rep. 64 at 108 p. 1141