Motion to dismiss appeal denied upon condition that appellant perfect the case for the April term (for which term the case is set down) and be ready for argument' when reached, and upon the further condition that appellant pay respondent ten dollars costs within five days from the service of a copy of the order herein; otherwise, motion granted, with ten dollars costs. Present — Lazansky, P. J., Kapper, Carswell, Scudder and Davis, JJ.