
    WESTCHESTER MORTGAGE CO. v. THOMAS B. McINTIRE, Inc., et al.
    (Supreme Court, Appellate Division, Second Department.
    April 9, 1915.)
    Action by the Westchester Mortgage Company against Thomas B. Mclntire, Incorporated, and others, wherein William H. Foster appeals.
   PER CURIAM.

Appellant has neglected to comply with the rule that upon motions of this character he shall file an affidavit stating facts, showing that there is merit in the appeal. If within five days appellant file an affidavit complying with such rule, the motion will be considered on its merits; in default thereof, the motion will be granted, with $10 costs. See, also, 152 N. Y. Supp. 1149.  