
    Court of Appeals.
    Reported. 161 N. Y. 641.
    In the Matter of the Petition of Henry H. Lyman, Respondent, for an Order Revoking and Canceling Liquor Tax Certificate No. 31,344, Issued to Patrick Ryan, Appellant.
    
      Matter of Lyman, — App. Div. —, appeal withdrawn.
    (Submitted January 15, 1900;
    decided January 18, 1900.)
    Motion to dismiss an appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered November 15, 1899, which affirmed pro forma an order made by a justice of the Supreme Court at Chambers, appointing a referee to take testimony herein and report the same to the said justice.
    The motion was made upon the ground that the order originally appealed from is not appealable, no certificate allowing such appeal having been granted by the Appellate Division.
    The appellant, in opposition to the motion, requested leave to withdraw his appeal, without costs, upon the grounds that the-counsel for the respondent had refused to consent to the granting of a certificate allowing the appeal, and that the Appellate Division had revoked its order of affirmance.
    
      William E. Schenck for motion.
    
      John P. Curley opposed.
   Application of appellant to withdraw appeal, without costs,, granted.  