The defendant neglected his opportunity to appeal from the order until, by agreement with his wife, he was enabled to embarrass the recovery of compensation by plaintiff’s counsel. For this reason the order should be affirmed without expression of opinion as to the right of the attorney to base a recovery for his services upon the order. Order affirmed, with ten dollars costs and disbursements. Jenks, P. J., Thomas, Carr, Stapleton and Putnam, JJ., concurred.