
    Thomas F. Sheedy, Respondent, v. William G. Foster, Defendant, Maria Foster, Appellant, and Neal D. Becker, as Executor of William J. K. Kenny, Deceased, Respondent.
    Reported below, 167 App. Div. 935.
    (Argued April 10, 1916;
    decided April 18, 1916.)
    Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 26, 1915, modifying -and affirming as modified a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term in an action to foreclose a mortgage.
    The motion was made upon the=ground that the question involved had become academic merely.
    
      Charles E. Kelly and John S. Keith for motion.
    
      Jackson N. Dykman opposed.
   Motion denied, with ten dollars costs.  