Opinion
Submitted January 14, 1952
Decided January 25, 1952
Appeal from the Supreme Court, Appellate Division, First Department, GAVAGAN, J.
Denis M. Hurley, Corporation Counsel ( Seymour B. Quel of counsel), for motion.
No one opposed.
Motion granted and appeal dismissed, with costs and $10 costs of motion, unless appellant serves and files an undertaking on appeal and pays $10 costs within ten days, in which events motion denied. As to that phase of the motion which seeks dismissal for failure to prosecute, see rules 1 and 6 of the Rules of the Court of Appeals.