
    Julius Pennachio, as Administrator of the Estate of Henry Pennachio, Deceased, Appellant, v. Jersey Ice Cream Company, Inc., Respondent.
    
      Appeal — motion to dismiss denied.
    
    Reported below, 217 App. Div. 710.
    (Submitted October 17, 1927;
    decided October 25, 1927.)
    Motion to dismiss an appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered June 25, 1926, modifying a judgment in favor of defendant entered upon a verdict directed by the court so as to direct a dismissal of the complaint and as so modified unanimously affirming such judgment.
    The motion was made upon the ground that permission to appeal had not been obtained.
    
      George B. Smith for motion.
    
      Ernest P. Lyons opposed.
   Motion denied, with ten dollars costs.  