Majority
p. 884
In the Matter of the Application of David Bunshaft, Appellant, for the Removal of Theodore Dull, Respondent, from Certain Premises in the City of Buffalo.
Respondent’s motion to dismiss appeal granted, with ten dollars costs, on the ground that before the appeal was taken to this court, the appellant accepted the rent for the premises and this recognition of respondent’s tenancy is inconsistent with his claim upon this appeal that the respondent is a mere squatter. All concur.