Opinion
June 28, 1949.
Appeal from Broome County Court.
Petitioner-appellant is the assignee for the benefit of creditors of one Lawrence E. Truesdell. It is alleged in the petition that the tenant conducts a gambling establishment on the premises leased, and this is admitted in part. The court below held that the assignment conferred no authority on petitioner-appellant to institute the removal proceeding ( Matter of Lewis, 81 N.Y. 421; Matter of Hevenor, 144 N.Y. 271; Debtor and Creditor Law, § 14). Order affirmed, with $10 costs and disbursements. Foster, P.J., Heffernan, Santry and Bergan, JJ., concur; Deyo, J., not voting.