John Alvin Young, Respondent, v. Archibald S. White, Appellant.
(No. 1.)
Appeal by defendant from an order of the Supreme Court, entered in the New York county clerk’s office July 1, 1913, denying a motion to vacate a prior order.
[MAJORITY — McLaughlin, J.:]
McLaughlin, J.:
This appeal is from an order denying a motion to vacate a prior order. An appeal was also taken from the prior order and this court has, in a decision handed down herewith, modified such prior order by striking out the conditions therein imposed for answering. (Young v. White, No. 1, 158 App. Div. 763.) This appeal is, therefore, dismissed, without costs to either party. Ingraham, P. J., Laughlin, Clarke and Scott, JJ., concurred. Appeal dismissed. Order to be settled on notice.