Opinion
Submitted November 19, 1934
Decided November 27, 1934
Appeal from the Supreme Court, Appellate Division, Second Department.
Conrad H. Sullivan and John J. Dillon for motion.
No one opposed.
Motion to dismiss appeal on ground that it cannot be taken as matter of right denied as the judgment appealed from is one of modification.
Motion to dismiss appeal on ground no undertaking has been filed granted and appeal dismissed, with costs and ten dollars costs of motion, unless appellant within ten days pays ten dollars costs and files undertaking, in which event the motion is denied.