
    BATTISTELLO, Respondent, v. McDONALD, Appellant.
    (Supreme Court, Appellate Division, Second Department.
    October 12, 1909.)
    Action by Valentino Battistello against John B. McDonald.
   PER CURIAM.

Judgment and order affirmed, with costs.

BURR, J.,

dissents, on the ground that the notice was not sufficient under the employer’s liability act. (Laws 1902, p. 1748, c. 600).  