
    William A. Copp, as Executor, etc., Appellant, v. The Home Insurance Company, Respondent.
    Judgment and order affirmed, with costs.
   Per Curiam:

The facts are undisputed, and from them it appears that tbe dwelling house which the defendant insured was vacant and unoccupied for a period of more than ten days prior to its burning.' A clause in the policy of insurance upon which this action is founded provides that in such event the policy shall be void. The complaint was, therefore, properly dismissed. The judgment and order sliould be affirmed, with costs.

Present — Van Brunt, P. J., O’Brien and Parker, JJ.  