
    RIDER, Appellant, v. BRITTON, Respondent.
    (Supreme Court, Appellate Division, Fourth Department.
    October 19, 1907.)
    Action by Clinton W. Rider against Margaret Britton.
   PER CURIAM.

Order affirmed, with $ 10-costs and disbursements. Held that, it appearing by statements in appellant’s brief that the cause was upon the calendar at the term at which the order was granted, the court in the exercise of its discretion had the right to make the order appealed from, independent of the provisions of rule 31 of the general rules of practice.

SPRING, J.,

dissents, upon the authority of Ellensohn v. Keyes, 6 App. Div. 601, 39 N. Y. Supp. 774.  