Stolpe v. Sergeant

Motion to vacate order dismissing appeal granted on condition that appellant within ten days from the entry of the order herein file an undertaking, with corporate surety, providing for payment of the judgment in case the same should be affirmed. In the event of the filing of such undertaking, the appeal is set down for the January term; otherwise, the motion is denied. Present — Kelly, P. J., Manning Young, Kapper and Lazansky, JJ.