Filardo v. Foley Bros.

Motion is granted. The United States Attorney applies on behalf of the defendants for an order staying the execution of the judgment heretofore entered in this court pending an application to the United States Supreme Court for review, by certiorari, of a determination made in favor of plaintiff by the Court of Appeals of this State (297 N. Y. 217).

The point is raised, in opposition, that this court is not empowered to entertain the application and that such an application should be made to the Chief Judge of the Court of Appeals in the first instance, or to a Justice of the Supreme Court of…