
    Charles E. W. Smith, Appellant, v. Western Pacific Railway Company, Respondent.
    
      Smith v. Western Pacific Railway Co., 154 App. Div. 130, appeal dismissed.
    (Submitted September 28, 1914;
    decided October 13, 1914.)
    Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 11, 1913, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term in an action to recover for services.
    The motion was made upon the ground that the time to appeal had expired before notice thereof was served.
    
      William JR. Begg for motion.
    
      James JR. Sloane opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion.  