
    Catherine McCann, as Administratrix of Simon McCann, Deceased, Respondent, v. New York and Queens County Railway Company, Appellant.
    
      McCann v. N. Y. & Queens Co. Ry. Co. 73 App. Div. 305, appeal dismissed.
    (Argued October 6, 1902;
    decided October 7, 1902.)
    Motion to dismiss an appeal from a judgment entered upon an order of the Appellate Division of the Supreme Court in the first judicial department, made at the June term 1902, which reversed a judgment of the trial court setting aside a verdict and granting a new trial, and directed judgment upon the verdict.
    The motion was made upon the ground that the Court of Appeals had no jurisdiction to entertain the appeal.
    
      Michael P. <9’ Gomior for motion.
    
      William E. Stewa/rt opposed.
   Motion granted and appeal dismissed, with costs.  