
    Tompkins County Co-Operative Fire Insurance Company, Respondent, v. J. Edward Maloney, Appellant.
    Reported below, 166 App. Div. 953.
    (Argued 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 third judicial department, entered January 20, 1915, affirming a judgment in favor of plaintiff entered upon the report of a referee.
    The motion was made upon the grounds that the affirmance by the Appellate Division was unanimous, and of failure to file the required return.
    
      George B. Davis for motion.
    
      E. H. Lewis ’opposed.
    
   Motion denied on payment by the appellant of ten dollars costs within ten days; if this condition is not complied with, the motion is granted and appeal dismissed, with costs and ten dollars costs of motion.  