
    Lewis Van Allen, Appellant, v. Charles M. Peabody et al., as Executors of William H. Peabody, Deceased, Respondents.
    
      Van Allen v. Peabody, 113 App. Div. 57, appeal dismissed.
    (Argued January 7, 1907;
    decided January 15, 1907.)
    Motiow to dismiss an appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 6, 1906, reversing a judgment in favor of plaintiff entered upon a verdict and granting a new trial.
    The motion was made upon the ground that the required undertaking had not been served or filed.
    
      William D. Van Pelt for motion.
    No one opposed.
   Motion granted and appeal dismissed, with ten dollars costs.  