The same considerations which have been applied in the case of Gamble v. Lennon (decided at this term) .41 N. Y. Supp. 277, obtain and control here. There was no attempt, apparently, at proper diligence in preparing to print and file the cases. No valid excuse is given for the delay, and no reason is shown why the attorney should not have procured an extension of time in the proper way. The motion to dismiss the appeal is granted, with $10 costs.