
    PACKARD v. ROSENTHAL et al.
    (Supreme Court, Appellate Division, Fourth Department.
    October 2, 1903.)
    Action by Samuel Packard against Gates E. Rosenthal and another, impleaded, etc. No opinion. Motion to dismiss appeal granted, with $10 costs, unless the appellant files and serves the printed papers on appeal and pays $10 costs of.this motion within 20 days after service upon his attorney of a copy of the decision by this court of the appeal from the order denying appellant’s motion for leave to file exceptions to the referee’s report nunc pro tune, in which event the motion is denied.
     