
    David Ruslander, Respondent, v. Evangelical Lutheran St. Johannes Gemeinde in Middle Ebenezer, Appellant.
    Reported below, 171 App. Div. 075.
    (Submitted May 22, 1916;
    decided May 30, 1916.)
    Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 8, 1915, modifying and affirming as modified a judgment in favor of plaintiff entered upon a decision of the Erie County Court on trial at an Equity Term.
    The motion was made upon the grounds that defendant is not a party aggrieved, the judgment having been entered upon its own motion; that the Appellate Division had unanimously affirmed the findings of fact;1 that no questions of law were involved, and that the appeal was taken merely for the purposes of delay.
    
      David Ruslander for motion.
    
      Edward W. Hamilton opposed.
   Motion denied, with ten dollars costs.-  