
    John Ender, Appellant, v. Ellsworth A. Kehoe et al., Respondents.
    Submitted November 12, 1968;
    decided December 11, 1968.
   Motion to withdraw a stipulation for judgment absolute granted and the appeal dismissed, with costs. It is the practice of the Court of Appeals to allow an appellant to withdraw a stipulation for judgment absolute as long as the application is made prior to the argument of the appeal (see Shtekla v. Topping, 18 N Y 2d 961).  