
    Harry V. Butler, Appellant, v. Bertha M. Butler, Respondent.
    
      Appeal — abatement of action by death of appellant — motion to dismiss appeal granted.
    
    
      Butler v. Butler, 204 App. Div. 602, appeal dismissed.
    (Submitted October 1, 1923;
    decided October 9, 1923.)
    Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 7, 1923, affirming a judgment in favor of defendant entered upon a decision of the court on trial at Special Term in an action to annul a marriage. ■
    The motion was made upon the ground that the action had abated owing to the death of the appellant.
    
      Myle J. Holley for motion.
    
      Caruthers Ewing opposed.
   Motion granted and appeal dismissed, with ten dollars costs of motion.  