Opinion
Submitted March 7, 1955
Decided March 11, 1955
Appeal from the Supreme Court, Appellate Division, Third Department, ELSWORTH, J.
Samuel W. Eager, Jr., for motion.
John E. Eagn opposed.
Motion granted and appeal dismissed, with costs and $10 costs of motion, unless within ten days appellant serves and files an undertaking on appeal and within twenty days serves and files the record on appeal and pays $10 costs, in which events motion denied and case set down for argument during the April, 1955, session of the Court of Appeals.