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UNDECIDED AS TO APPEAL. Mineola. N. Y.. February 28. With the liliii;; vl tin- order of the tonellate Division of the Supreme Court aftiiining Justice Scudder in bis ibs-ision Unit Paul Shane was not making hook when he was ar rested in June at Belmont Park, the question aa to whether ii would be appealed to the Court of Appeal- was rignt up to District Attorney Wysong. When a-ked what lie would do regarding the an peal, that otlicial said: "I have not vet decided what I will do iu the matter. In my opinion if Shane should commit tin- crime ho could be arrested and convicted for it. Tin- matter does wH m the least settle tin- question nf bookmakkag "i- di rector- liability, and STiaie- got out only through a tecbnicalitv "