People v. Cucurullo — 148 N.Y.S. 1134

Majority

p. 1134

PEOPLE, Respondent, v. CUCURULLO, Appellant.

(Supreme Court, Appellate Division, Second Department.

July 31, 1914.)

Headnote

Proceeding by the People of the State of New York against Theofore F. Cucurullo.

A motion was made to dismiss the appeal in the above-entitled action, which was denied upon condition that defendant perfect his appeal, place the case upon the June calendar of this court, and be ready for argument whei~t reached. Defendant has failed to file any return, and although the parties stated

p. 1135

in open court that the questions involved in this case were similar to those in the cases of People v. Parisi, 148 N. Y. Supp. infra, and People v. Pugliese, 148 N. Y. Supp. infra (decided herewith), in the absence of any return, we are not in a position to consider the merits of the appeal. It follows that the appeal must be dismissed.