
    James Farley, Appellant, v. Abraham Picard, Respondent.
    Reported below, 78 Hun, 560.
    (Argued January 18, 1897;
    decided January 26, 1897.)
    Motion by appellant to discontinue an appeal from an order of the General Term of the Supreme Court in the fifth judicial department, made in June, 1894, which reversed a judgment in favor of plaintiff entered upon a verdict and granted a new trial.
    The motion was made upon the ground that the order was. not appealable under Hoes v. Edison General Electric Co. (150 N. Y. 87.)
    
      John Van Voorhis & Sons for motion.
   Motion granted on payment of costs of appeal, not including the fee for argument.  