Opinion
Submitted January 20, 1941
Decided January 24, 1941
Appeal from the Supreme Court, Appellate Division, Fourth Department, KIMBALL, J.
Edmund Fitz Gerald for motion.
No one opposed.
Motion granted and appeal dismissed, with costs and ten dollars costs of motion, unless the appellant files and serves undertaking on appeal and pays ten dollars costs within ten days, in which event the motion is denied.