
    Michael Yonki, Appellant, v. City of New York, Respondent.
    Submitted January 14, 1952;
    decided January 25, 1952.
    
      
      Denis M. Hurley, Corporation Counsel (Seymour B. Quel of counsel), for motion.
    No one opposed.
   Motion granted and appeal dismissed, with costs and $10 costs of motion, unless appellant serves and files an undertaking on appeal and pays $10 costs within ten days, in which events motion denied. As to that phase of the motion which seeks dismissal for failure to prosecute, see rules 1 and 6 of the Rules of the Court of Appeals.  