
    In re SMITH.
    (Supreme Court, Appellate Division, Fourth Department.
    October 4, 1904.)
    In the matter of the application of Otis H. Smith for an order directing a special town meeting to be called in and for the town of Bath.
   PER CURIAM.

It appearing that the petitioner, Otis H. Smith, has died since the service of the notice of appeal herein, the motion to dismiss said appeal is denied, without costs.  