The construction of § 1331 of the Code of Civil Procedure, adopted in Grow v. Garlock, 29 Hun, 598, which on an appeal in foreclosure cases holds that an undertaking against waste and for the value of use and occupation operates as a stay of proceedings without a covenant to pay a deficiency, and that the appellant mgy choose to give either form of the undertaking, with equal effect, is approved for the reasons there given.

The order is, therefore, affirmed, with costs.

All concur.