Matter of Harris

3 N.Y.2d 879

Opinion

Motion for reargument denied, with $10 costs. Motion to amend remittitur granted. Return of remittitur requested and, when returned, it will be amended by adding thereto the following: Upon the appeals herein there was presented and necessarily passed upon a question under the Constitution of the United States, viz.: Whether the retroactive commutation of appellant Charles L. d’Espinay-Durtal’s annuity as of the date of his wife’s death violated his rights under the Fourteenth Amendment. The Court of Appeals held that there was no denial of any constitutional right of said appellant. [See 3 N Y 2d 70.]