
    George Ferguson, as Administrator of the Estate of Carl T. Ferguson, Deceased, Appellant, v. Turner Construction Company, Respondent.
    
      Ferguson v. Turner Construction Co., 152 App. Div. 695, appeal dismissed.
    (Submitted January 13, 1913;
    decided January 21, 1913.)
    Motion to dismiss an appeal from a judgment, entered October 16, 1912, upon an order of the Appellate Division of the Supreme Court in the second judicial department, which reversed an order setting aside a dismissal of the complaint by the court at a Trial Term and granting a new trial and directed that said complaint be dismissed.
    The motion was made upon the ground that appellant had failed to perfect his appeal by filing the required undertaking.
    
      Eidlitz & Hulse for motion.
    No one opposed.
   Motion granted and appeal dismissed, with costs and .ten dollars costs of motion.  