The State's contention is sustained by the authorities. ( Matter of Cook v. Lawes, 247 App. Div. 735, affd. 271 N.Y. 574; Matter of Zaloom v. Martin, 264 App. Div. 19; Matter of Rera v. Lawes, 268 N.Y. 684; People ex rel. Ascher v. Lawes, 243 App. Div. 578.) Order affirmed, without costs. All concur.
His crime was committed prior to July 1, 1931, or on January 19, 1931, and he was received in State's prison on November 6, 1931. Ascher claimed that he was entitled to fifteen days per month allowance on his sentence. The State maintained that Ascher was privileged to earn ten days per month and the Appellate Division unanimously affirmed the Special Term. The Ascher case was the basis of the court's action in the Rera case and, therefore, it must have been given the approval of the Court of Appeals when they affirmed the Rera case. ( Matter of Cook v. Lawes, 247 App. Div. 735; affd., 271 N.Y. 574.) In Matter of Keith v. Thayer ( 245 App. Div. 188), which was a case in this court and the opinion was by Justice RHODES, we approved of the holding of People ex rel. Ascher v. Lawes ( 243 App. Div. 578).