
    The People of the State of New York, Respondent, v. David Warblinsky, Appellant.
    The practice on this appeal is determined by the case of People v. Vitusky, decided in the First Department on July 9,1912. (See 152 App. Div. 884; 158 id. 879.) The motion to dismiss the appeal is denied on condition that the appellant perfect his appeal, place the case upon the next calendar and be ready for argument when the case is moved or reached.
   Present—Jenks, P. J., Hirschberg, Burr, Thomas and Carr, JJ.  