| N.Y. App. Div. | Oct 15, 1909
— The presiding justice was entitled to vote as a sitting member of the court on the day of the argument, whether actually present during the entire argument or not. (Code Civ. Proc. § 46.) Motion for resettlement denied. Present — Hirschberg, P. J., Jenks, Gaynor, Burr and Rich, JJ.