
    Palm, Fechteler & Company, Respondent, v. Frank Fechteler et al., Appellants.
    
      Palm,, Fechteler & Co. v. Fechteler, 165 App. Div. 989, appeal dismissed.
    (Submitted October 16, 1916;
    decided October 24, 1916.)
    Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 14, 1915, affirming a judgment in favor of plaintiff.
    The motion was made upon the ground that the defendant Fechteler had died pending the appeal; that no person had been substituted in his place or stead; that no executor or administrator of his estate had been appointed; that upon the return of an order to show cause duly served upon all persons interested in the decedent’s estate no one had appeared in opposition to the motion and that the other appellant had consented to dismissal of • the appeal.
    
      Edward B. Boise- for motion.
    No one opposed.
   Motion granted and appeal dismissed, with costs.  