Opinion
July, 1919.
Present — Jenks, P.J., Mills, Rich, Kelly and Jaycox, JJ.
Upon consideration of the report of the official referee, with the briefs thereon, it is ordered that the appeal be dismissed upon condition that respondent file a stipulation within ten days to pay the taxable costs and disbursements of the appeal up to this date, and to remit and abandon the amount seventy-six dollars and eighty-five cents of costs recovered in the judgment; otherwise, motion denied, without costs.