Motion for stay dismissed as academic in view of the decision of this court in Wilkinson v. Wilkinson (10 A D 2d 937) decided simultaneously herewith. The surety company bond in the amount of $550 filed by the appellant as a condition for obtaining the temporary stay contained in the order to show cause dated May 2, 1960 is cancelled and the surety discharged from all liability thereunder. Concur — Botein, P. J., Breitel, Rabin, Valente and Stevens, JJ.