
    Thomas J. O’Brien, Appellant, v. Alva Seybolt, Respondent.
    (Argued November 18, 1912;
    decided November 26, 1912.)
    Reported below, 151 App. Div. 947.
    Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered July 26, 1912, affirming a judgment in favor of defendant entered upon a decision of the court on trial at Special Term in an action to set aside a certain land contract upon the ground of fraud.
    The motion was made upon the ground that the appeal was from an unanimous decision of the Appellate Division and was unauthorized.
    
      Alva Seybolt for motion.
    
      John G. Johnson opposed.
   Motion denied, with ten dollars costs.  