Opinion
Submitted October 19, 1942
Decided October 29, 1942
Appeal from the Supreme Court, Appellate Division, Fourth Department.
John J. Bennett, Jr., Attorney-General ( Joseph L. Fitzgerald of counsel), for motion.
No one opposed.
Motion granted and appeal dismissed with costs, and ten dollars costs of motion, unless appellant serves and files return on appeal and an undertaking, and pays ten dollars costs, within thirty days in which event the motion is denied.