Ordered, that the motion be granted and the appeal dismissed, with costs, including ten dollars costs of motion, unless the appellant, within ten days, pays the ten dollars costs of motion and procures a written stipulation from the respondent's attorneys opening the default in serving proposed case and exceptions, or serves notice of motion for an order opening such default for the next Special Term practicable, and thereafter proceeds with due diligence to have the case settled, signed and filed, on the authority of the opinion of Williams, J., in Vandenbergh v. Mathews ( 52 App. Div. 616). All concurred.