
    C. Sidney Shepard, Appellant, v. The Boulevard Land Company of Oswego, New York, et al., Respondents.
    (Argued February 25, 1901;
    decided March 5, 1901.)
    Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 26,1900, affirming a judgment in favor of defendants entered upon the report of a referee.
    The motion was made upon the ground that the judgment of the Appellate Division was unanimous; that there was evidence tending to sustain the findings of fact; that no question of law is involved; that the exceptions are frivolous and the record presents no question that can be reviewed by this court.
    
      Elisha B. Powell for motion.
    
      Clarence F. Birdseye opposed.
   Motion granted and appeal dismissed, with costs.  