| N.Y. App. Div. | May 15, 1923
Motion granted, and decision [ante, p. 6421 amended to read as follows:. Order reversed on the law, and writ dismissed, upon the authority of Matter of Reinhardt v. Newport F. S. Corp. (232 N.Y. 115" date_filed="1921-11-22" court="NY" case_name="Claim of Reinhardt v. Newport Flying Service Corp.">232 N. Y. 115) on the ground that the operation of a hydroaeroplane, on the waters of Lake George, propelled by an engine operated by the explosion of gasoline, without having the exhaust from the engine run through a muffler, or so constructed and used as to muffle the noise of the exhaust in a reasonable manner, is a violation of section 1500-a of the Penal Law. All concur.