
    Mary McBride, Administratrix, etc., Resp’t, v. Henry G. Harris, App’lt.
    
      (Supreme Court, General Term, First Department,
    
    
      Filed November 15, 1895.)
    
    Appeal—Record .
    Papers, on which the original order is made and the motion for reargument founded, which are recited in the order appealed from, but do not appear in ,the recprd, will be presumed on appeal to sustain the order of the special term.
    Appeal from an order, directing defendant to deposit a sum of money in court, and denying motion for reargument.
    
      Daniel Daly, for app’lt; Frederick K. Olark, for resp’t.
   Per Curiam.

Many of the papers on which the original order was made, and on which the motion for reargument was founded, which are recited in the order appealed from, not appearing in the record, we must assume that they sustain the order of the special term, which is therefore affirmed, with $10 costs and disbursements.  