No. 16107. April 3, 1959. Laughlin E. Waters, U.S. Atty., Henry P. Johnson, Richard A. Lavine, Asst. U.S. Attys., Los Angeles, Cal., for appellant. Harlin M. Fuller, Los Angeles, Cal., for appellee. Before FEE, BARNES and HAMLIN, Circuit Judges. JAMES ALGER FEE, Circuit Judge. Mendoza-Rivera brought a declaratory judgment proceeding seeking in the ultimate a pronouncement that he is not deportable by appellant as an officer of the Immigration and Naturalization Service. He is not in custody. The
May 19, 1959 Appeal from the Court of Special Sessions, Borough of Manhattan, MANUEL GOMEZ, J. Arnold Schildhaus, appellant in person. Charles H. Tenney, Corporation Counsel ( Seymour B. Quel and Irving Genn of counsel), for respondent. BENJAMIN GASSMAN, P.J. The defendant appeals from a judgment of conviction of the Magistrates' Court, Borough of Manhattan, Municipal Term, entered on October 2, 1957, convicting him, after trial, of violating sections 62 Mult. Dwell. and 80 Mult. Dwell. of the Multiple
October Term, 1899. Edward Kaufmann, for the appellant. Hiram R. Steele, District Attorney, for the respondent. HATCH, J.: The question was raised, upon the argument in this case, as to whether it was properly before this court for review. Upon an appeal from the Municipal Court of the city of New York the provisions of chapter 19, title 8 (§§ 3044-3061) of the Code of Civil Procedure apply. The record in such case consists of the notice of appeal and the return of the justice thereto. The appeal