
    William N. Decker, as Committee of the Estate of Charles Conselyea, Respondent, v. John P. Conselyea, Appellant.
    (Submitted June 14, 1915;
    decided June 18, 1915.)
    Reported below, 166 App. Div. 941.
    Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered February 1, 1915, affirming a judgment in favor of plaintiff entered upon the report of a referee in an action for an accounting.
    The motion was made upon the ground of failure to file the required undertaking; that the appeal was frivolous, and that permission to appeal had not been obtained.
    
      Bawdon W. Kellogg for motion.
    
      Albert E. Biehardson opposed.
   Motion denied. Motion to open default and file new undertaking nunc pro tunc granted.  