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THE PEOPLE OF THE STATE OF NEW YORK ex rel. HENRY R. WINTHROP, Respondent, v. FRANCIS K. PENDLETON, as Corporation Counsel of the City of New York, Appellant.

Order modified so as to strike therefrom the following provision: "And such other owners of property abutting on Depew Place between 42nd and 43rd Streets as may be affected," and as so modified affirmed, without costs in this court to either party; no opinion.

Concur: CULLEN, Ch. J., GRAY, HAIGHT, VANN, WERNER, HISCOCK and CHASE, JJ.

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PEOPLE EX REL. WINTHROP v. PENDLETON
(Apr 14, 1908)