Motion to dismiss appeal.

Upon the payment of ten dollars the appellant has leave to file and serve, within fifteen days, an undertaking which shall be deemed to have been filed and served as of the date of filing and serving the notice of appeal; but if said sum is not paid, and such undertaking is not filed and served within fifteen days, the appeal is dismissed, with costs.

All concur, except Haight, J., dissenting, and Potter, J., not sitting.

See 40 Hun, 637, mem.