
    William Smith, Appellant, v. City of Albany, Respondent.
    Submitted January 6, 1941;
    decided January 7, 1941.
    
      James J. McGuiness, Corporation Counsel (Ralph S. Leonard of counsel), for motion.
    
      Nathan H. Richman opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion, unless appellant serves and files undertaking on appeal and pays ten dollars costs within ten days, in which event the motion is denied.  