Majority
p. 774In the Matter of the Application of Herbert Heath, Appellant, v. Lawrence J. McGoldrick, etc., Respondent.
Motion to dismiss appeal denied on condition that appellant perfect the appeal for the December term (for which term the ease is set down) and be ready for argument when reached; otherwise, motion granted, with ten dollars costs. Present — Kelly, P. J., Jayeox, Young, Kapper and Lazansky, JJ.