Majority
p. 914Max Blitzer, Appellant, v. Isidore Gellering, Respondent.
As the appellant’s counsel, opposing the motion to dismiss, has not shown that the appeal is meritorious (Rule XII of this Department), the motion to dismiss the' appeal is granted, with ten dollars costs, without prejudice to a motion upon proper papers to be relieved from the order of dismissal. Present — Jenks, P. J., Mills, Putnam, Blackmar and Kelly, JJ.