Majority
p. 914Meyer Breslow, Appellant, v. David Serota and Others, Respondents.
The mere statement of counsel that in his opinion the appeal would succeed does not show that the appeal is meritorious, and, therefore, is not a compliance with 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.