In view of the decision of Shapiro v. Frankel, No. 1 (ante, p. 618), decided herewith, the appeal from order denying motion for resettlement and from that part of the order dated July 12, 1934, wMeh allows the Mnth amendment to the proposed case on appeal is dismissed, without costs. Lazansky, P. J., Hagarty, CarsweE and Tompkins, JJ., concur; Davis, J., dissents and votes to affirm.