
    Ferdinando Gatto, Respondent, v. William W. Flannagan, Appellant.
    
      Gatto v. Flannagan, 127 App. Div. 929, appeal dismissed.
    (Submitted January 4, 1909;
    decided January 12, 1909.)
    Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered July 15, 1908, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial.
    The motion was made upon the ground that the judgment of the Appellate Division was unanimous and, therefore, not appealable to the Court of Appeals.
    
      George A. Baker for motion.
    
      Dallas Flannagan and Edward S. Clinch opposed.
   Motion granted and appeal dismissed, with costs and ten. dollars costs of motion.  