
    In re ROSE.
    (Supreme Court, Appellate Division, Third Department.
    September 27, 1912.)
    In the matter of the judicial settlement of the accounts and proceedings of Elmer Rose, administrator, etc., of the estate of Peter Rose, deceased, and in the matter of the appeal •of said Elmer Rose, as such administrator, from part of decree and decision of the Surrogate’s Court of the County of Rensselaer, allowing claim of J. A. Sipperly for legal services, etc.
   PER CURIAM.

Motion to dismiss denied, provided the appellant serves a notice of appeal on the next of kin and files a proper bond unifier section 2577, Code Civ. Proc., to perfect his appeal within 10 days, and pays respondent $10 costs of this motion within 10 days after service of the order of this court on appellant’s attorney; otherwise, motion granted, with $10 costs to respondent.  