
    Marie Dudley, Appellant, v. Elizabeth B. Vanderpoel, Defendant, and Carroll Whitaker, Respondent.
    Reported below, 119 App. Div. 928.
    (Argued November 18, 1907;
    decided November 26, 1907.)
    Motion to dismiss an appeal from an order of the Appellate Division of the Supreme Court in the third judicial . department, • entered May 29, 1907, which affirmed an order of Special Term imposing terms as a condition to the granting of a motion for substitution of attorneys.
    Also motion on the part of appellant for leave to file a new and amended undertaking.
    
      The motion to dismiss was made upon the grounds that the appeal was not taken in time, and that a proper undertaking had not been filed.
    ■ Gcm'oll Whitaker for motion to dismiss.
    
      Hollín Traey opposed.
   Motion to dismiss appeal denied, without costs, and motion for leave to file a new and amended undertaking granted upon payment of ten dollars within ten days.  