In the Matter of the Application of Stephen A. Rudd, Appellant, for a Peremptory Writ of Mandamus against James C. Cropsey as District Attorney of Kings County, Respondent

Motion denied, without costs, on condition that the appellant files the necessary undertaking within ten days from the entry of this order; on failure to comply with this condition the motion is granted and the appeal dismissed, with costs and ten dollars costs of motion.