Majority
p. 986Harry Scherl, Appellant, v. Herbert L. Flam, as a City Marshal of the City of New York, Respondent.
Motion to dismiss appeal denied, without costs, on condition that the appellant perfect the appeal within five days, and pay the respondent ten dollars costs, case to be placed at the foot of the November calendar; otherwise, motion granted, with costs. Present — Hirschberg, P. J., Woodward, Jenks, Burr and Miller, JJ.