
    Frank L. Perley, Appellant, v. Morning Telegraph Company, Respondent.
    
      Perley v. Morning Telegraph Go., 131 App. Div. 599, appeal dismissed.
    (Submitted October 4, 1909;
    decided October 12, 1909.)
    Motion to dismiss an appeal from a final judgment entered June 8, 1909, upon an order of the Appellate Division of the Supreme Court in the first judicial department which reversed an interlocutory judgment of Special Term overruling a demurrer to the complaint and sustained such demurrer in an action for libel.
    The motion was made upon the ground that the judgment was not directly appealable to the Court of Appeals.
    
      Ernest W. Marloio and Thomas IF. Ghurehill for motion.
    
      FranMin Bien opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion.  