
    GRAVES v. ROCKWELL.
    (Supreme Court, Appellate Division, Fourth Department.
    June 5, 1900.)
    Action by Maurice A. Graves against William D. Rockwell, impleaded, etc.
   PER CURIAM.

Ordered, that the motion to dismiss the appeal be granted, with costs, including $10 costs of this motion, unless the appellant within 10 days pays the $10 costs of the motion, and procures a written stipulation from the respondents opening his default with reference to signing and filing the case and exceptions, or serves motion papers for an order opening such default for the earliest term practicable, and thereafter proceeds with due diligence to have the case and exceptions resettled, signed, and filed, upon the opinion of WILLIAMS, J., in Vandenbergh v. Mathews, (decided at this term) 65 N. Y. Supp. 365.  