
    Julia Stanton, Respondent, v. The Supreme Council of the Catholic Mutual Benefit Association, Appellant.
    (Superior Court of Buffalo—General Term,
    May, 1894.)
    An appeal from an order will not be heard where the appeal book does not contain a certificate that the notice of appeal and papers purporting to have been presented to the court contained therein are copies of such papers.
    Appeal from an order denying defendant’s motion for a stay of proceedings for nonpayment of costs of a former action.
    
      Thomas Sullwcm, for respondent.
    
      John J. Hynes, for appellant.
   Per Curiam.

No certificate is attached to the appeal book showing that the notice of appeal and the papers presented to the court upon the motion contained therein are copies of such papers. This omission prevents a consideration of the order appealed from. Code Civ. Proc. § 1353; Lewisohn v. Niederwiesen, 40 Hun, 545; Guyon v. Rooney, 25 N. Y. St. Repr. 326.

Case is, therefore, sent back for proper certificate.

Present: Hatch and White, JJ.

Case returned for proper certificate.  