
    Albany Exchange Savings Bank, Respondent, v. William C. Brass et al., Appellants, Impleaded with Others.
    (Submitted June 3, 1901;
    decided June 11, 1901.)
    Reported below, 59 App. Div. 370.
    Motion to dismiss an appeal from a judgment of the Appel- ' late Division of the Supreme Court in the third judicial department, entered March 16, 1901, affirming a judgment in favor of plaintiff entered upon the report of a referee.
    The motion was made upon the ground that the appeal is prohibited by section 9 of article 6 of the Constitution and by subdivisions 3 and 1 of section 191 of the Code of Civil Procedure.
    
      A. V. I)e Witt and William I. Learned for motion.
    
      It. W. Brass, P. E. Bubois and E. Countryman opposed.
   Motion denied, with ten dollars costs.  