Opinion
Submitted May 27, 1940
Decided June 4, 1940
Appeal from the Supreme Court, Appellate Division, First Department, SCHMUCK, J.
William C. Chanler, Corporation Counsel ( Paxton Blair of counsel), for motion.
Abraham L. Rubenstein opposed.
Motion granted and appeal dismissed, with costs and ten dollars costs of motion, unless appellant files and serves undertaking on appeal and pays ten dollars costs within ten days, in which event the motion is denied.