
    Rodman J. Pearson, Appellant, v. William L. Reed et al., Respondents.
    Reported below, 152 App. Div. 468.
    (Submitted January 6, 1913;
    decided January 14, 1913.)
    Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered September 12, 1912, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court at Special Term in an action to charge payment of a legacy upon real property.
    The motion was made' upon the ground that the notice of appeal was not filed until more than sixty days after service and entry of the judgment of affirmance.
    
      Charles F. Cossum for motion.
    
      Ralph Hickox opposed.
   Motion denied, with ten dollars costs.  