
    John N. Preston, as Administrator of the Estate of Willard G. Preston, Deceased, Appellant, v. Pennsylvania Railroad Company, Respondent.
    
      Preston v. Pennsylvania R. R. Co., 136 App. Div. 911, appeal dismissed.
    (Submitted January 6, 1919;
    decided January 14, 1919.)
    Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 23, 1914, unanimously 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 the death of plaintiff’s intestate alleged to have been occasioned through the negligence of defendant.
    The motion was made upon the ground that an appeal did not lie as of right to the Court of Appeals and that permission to appeal had not been obtained.
    
      Frank Rumsey for motion.
    No one opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion.  