
    Frank X. Schwab, Respondent, v. Ross Graves et al., Appellants.
    
      Appeal — notice of appeal served more than sixty days after entry of judgment and service of copy thereof — motion to dismiss granted.
    
    
      Schwab v. Graves, 221 App. Div. 357, appeal dismissed.
    (Submitted February 13, 1928;
    decided February 21, 1928.)
    Motion to dismiss an appeal from a judgment entered July 12, 1927, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department, reversing in part a judgment entered upon a decision of the court on trial at an Equity Term and adjudging that a contract entered into between the city of Buffalo and the town of Cheektowaga was null and void.
    The motion was made upon the ground that the appeal was not taken within the time required by statute.
    
      George P. Keating and Fred C. Maloney for motion.
    No one opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion.  