
    BURGESS, Respondent, v. EHLERS et al., Appellants.
    (Supreme Court, Appellate Division, First Department.
    October 23,1896.)
    Action by William H. Burgess against Oscar Ehlers, impleaded, etc.
    Payson Merrill, for respondent.
   PER CURIAM.

The appellant having made no argument, and having submitted no points, and the record showing that the appeal is frivolous, it is, on motion of Mr. Payson Merrill, of counsel for the respondent, ordered that the judgment appealed from be, and the same hereby is, affirmed, with costs.  