
    HEFFERN, Appellant, v. HOLLY MFG. CO., Respondent.
    (Supreme Court, Appellate Division Fourth Department.
    January 25, 1905.)
    Action by Janies Heffern against the Holly Manufacturing Company.
   PER CURIAM.

Upon consent of appellant’s counsel in open court, motion to dismiss appeal granted, with $10 costs, unless the appellant, within 40 days from the date of service of a copy of this order, together with notice of entry thereof, file and serve the printed papers on appeal, as provided by_ rule 41, and pay $10 costs of this motion, in which event the motion is denied, without costs.  