
    Edmund K. Stallo, Appellant, v. Arthur H. Jones, Respondent.
    
      Stallo v. Jones, 153 App. Div. 900, appeal dismissed.
    (Argued October 20, 1913;
    decided October 28, 1913.)
    Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 9, 1912, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at Special Term in an action to vacate a judgment.
    The motion was made upon the grounds that the questions involved were academic and could result in no effectual judgment and that the appeal was frivolous.
    
      Benjamin Trapnell for motion.
    
      Charles Haldane opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion, on the ground that the appeal is frivolous.  