
    The People of the State of New York, Respondent, v. Daniel B. Wooden, Appellant.
    (Submitted October 28, 1912;
    decided October 29, 1912.)
    
      People v. Wooden, 140 App. Div. 938, appeal dismissed.
    Motion to dismiss an appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 21, 1910, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover a penalty for the sale of adulterated milk.
    The motion was made upon the ground of failure to prosecute the appeal.
    
      Thomas Carmody, Attorney-General, for motion.
    No one opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion.  