Majority
p. 867Ida Thomashefsky, Respondent, v. Harry Thomashefsky, Appellant.
Motion to dismiss appeal denied upon condition that within five days defendant pay ten dollars costs, and upon the further condition that the ease be argued on Monday, November 6,1922, for which day it is set down; otherwise, motion granted, with ten dollars costs. Present — Blackmar, P. J., Jaycox, Manning, Kelby and Young, JJ.