Motion by defendant to withdraw a prior motion and to dismiss plaintiff's appeal upon the ground that the notice of appeal was not timely served, granted; appeal dismissed, without costs, and without prejudice to a new application by plaintiff at Special Term, if she be so advised, for the relief sought. The appeal sought to be taken herein is from an order which denied plaintiff's application for sequestration. Such denial was not on the merits but upon the erroneous assumption...
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