
    Alfred Aluisio, Respondent, v. Grover C. Swisher, Appellant.
   In an action to recover damages for fraud and deceit, the appeal is from an order denying a motion to dismiss the complaint for failure to proseeute and to annul and eaneel an order of arrest, with leave to renew if the action be not noticed for the next term. Order affirmed, with $10 costs and disbursements. No opinion.

Wenzel, Acting P. J., Beldoek, Murphy, Hallhdan and Kleinfeld, JJ., concur.  