Opinion
Submitted January 20, 1958 and February 17, 1958
Decided February 20, 1958
Appeal from the Appellate Division of the Supreme Court in the first judicial department, IRVING L. LEVEY, J.
Louis J. Lefkowitz, Attorney-General ( Jerome Lefkowitz and Paxton Blair of counsel), for motion to dismiss appeal.
James L.R. Costello opposed.
Motion for a certificate that a constitutional question is involved on the appeal herein denied.
Motion to have appeal heard upon the original record and the required number of typewritten additional papers and briefs denied.
Motion to dismiss appeal taken as of right granted and appeal dismissed, without costs, upon the ground that the appeal was not timely (Civ. Prac. Act, § 592, subd. 1).