Order affirmed, with $50 costs and disbursements.
The Justice presiding at Special Term properly refused to entertain this motion. At the time this motion was made, a motion by plaintiff-appellant for similar relief was pending before another Justice at Special Term. At the time this motion was decided, the appeal from the order denying the prior motion was pending before this court. We note with disapproval the fact that this is the fourth appeal taken by plaintiff...
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