Opinion
October 10, 1949.
Order denying appellant's motion to dismiss the complaint upon the ground that respondents have unreasonably neglected to proceed in the action, affirmed, with $10 costs and disbursements. The order appealed from is discretionary and the record does not indicate that Special Term abused its discretion in denying the motion. Order granting respondents' motion and substituting in the place and stead of a plaintiff who died after the commencement of the action, his administrator, thereafter appointed, and for other relief, affirmed, without costs. No opinion. Johnston, Acting P.J., Adel, Sneed, Wenzel and MacCrate, JJ., concur.