
    CALLOPY, Respondent, v. VILLAGE OF TONAWANDA, Appellant.
    (Supreme Court, Appellate Division, Fourth Department.
    November 29, 1905.)
    Action by James H. Callopy against the village of Tonawanda.
   PER CURIAM.

Order affirmed with $10 costs and disbursements. Held, that the defendant, having failed to tax or retax the costs awarded by this court upon the former appeal, is not entitled to insist that the nonpayment of such costs entitles it to a stay of proceedings in the action; and it is further held that, where such costs have been fixed in the manner prescribed by the Code of Civil Procedure, their nonpayment operates as a stay, unless the same is waived. Cohen v. Krulewitch, 81 App. Div. 147, 80 N Y. Supp. 689.  