
    Third Department,
    June, 1906.
    Jules Constant Caritey, Respondent, v. Frederick H. Eggers, Defendant, and Louis Silver, Appellant.
    
      Order setting aside process &emdash; costs.
    
   Per Curiam :

We must assume that the order setting aside the service was properly made. The defendant’s subsequent voluntary appearance does not justify a reopening of that motion. For the reason that the question is academic no costs are allowed. All concurred. Order reversed, without costs, and motion denied, without costs.  