Opinion
Submitted October 5, 1953
Decided October 15, 1953
Appeal from the Supreme Court, Appellate Division, Fourth Department, KNOWLES, J.
William L. Rieth for motion.
Maurice Abloff opposed.
Motion granted and appeal dismissed, with costs and $10 costs of motion, unless appellant serves and files the undertaking required by section 593 of the Civil Practice Act and pays $10 costs within ten days after service of a copy of the order, in which events the motion is denied. (See Campbell v. Brown, 294 N.Y. 702; Cohen and Karger, Powers of the New York Court of Appeals, § 104, n. 74.)