Opinion
Submitted May 20, 1940
Decided May 28, 1940
Appeal from the Supreme Court, Appellate Division, Second Department, McKENNA, J.
Theodore L. Karpf for motion.
No one opposed.
Motion granted and appeal dismissed, with costs and ten dollars costs of motion, unless appellant files and serves an undertaking on appeal and pays ten dollars costs within ten days, in which event the motion is denied.