Motion referred to the court to which the appeal was submitted. Present — Nolan, P. J., Wenzel, Murphy, Ughetta and Hallinan, JJ. Motion by respondent to dismiss appeal granted and appeal dismissed, with $10 costs and disbursements, payable by the respondent to the appellant. Present — Nolan, P. J., Murphy, Ughetta, Hallinan and Kleinfeld, JJ.