
    The People of the State of New York ex rel. Gaetano Damato, Appellant, v. Otto Kempner, as City Magistrate of the City of New York, Respondent.
    
      People ex rel. Damato v. Kempner, 163 App. Div. 966, appeal dismissed.
    (Submitted October 19, 1914;
    decided October 23, 1914.)
    Motion to dismiss an appeal from an order of the Appellate "Division of the Supreme Court in the second judicial department, entered June 12,1914, which reversed an order of Special Term sustaining a writ of habeas corpus and discharging the relator from custody.
    The motion was made upon the ground that the appellant was a fugitive from justice and also that the question involved was academic.
    
      James O.' Cropsey, District Attorney {Harry Q. Anderson of counsel), for motion.
    
      William A. Purrington opposed.
   Motion granted and appeal dismissed.  