
    New York State Construction Company, Appellant, v. The City of New York, Respondent.
    (Submitted February 23, 1915;
    decided March 3, 1915.)
    
      People ex rel. If. Y. State Construction Co. v. City of New York, 163 App. Div. 227, appeal dismissed.
    Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered October 9, 1914, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term in an action to recover for delay and extra work in performance of a contract for public work.
    The motion was made upon the ground of failure to file the required undertaking.
    
      Frank L. Polk, Corporation Counsel (J. H. Greener of counsel), for motion.
    No one opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion.  