
    Thomas F. Sheedy, Respondent, v. William G. Foster, Defendant, Marie Foster, Appellant, and Neal D. Becker, as Executor of William J. K. Kenny, Deceased, Respondent.
    Reported below, 167 App. Div. 935.
    (Argued January 8, 1917;
    decided January 16, 1917.)
    Motion to dismiss an appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered June 9, 1916, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term in an action to foreclose a mortgage.
    The motion was made upon the ground that the question presented was merely academic.
    
      Charles E. Kelley for motion.
    
      Jackson A. Dykman opposed.
   Motion denied, with ten dollars costs.  