Opinion
Argued October 7, 1957
Decided October 24, 1957
Appeal from the Appellate Division of the Supreme Court in the second judicial department.
Samuel I. Sloane and Griffing, Smith, Tasker Lundberg for motion to dismiss the appeal and opposed to motion for enlargement of time.
Louis J. Lefkowitz, Attorney-General ( Edwyn Silberling and Edward E. Rigney of counsel), opposed to motion to dismiss the appeal and for motion for enlargement of time.
Motion to dismiss appeal ( People v. Hattemer) denied. DESMOND and DYE, JJ., dissent and vote to dismiss the appeal.
Motion for enlargement of time ( People v. Hattemer) granted and case set down for argument during the November, 1957 session of the Court of Appeals.
Motion to dismiss appeal ( People v. Kirkup) denied. DESMOND and DYE, JJ., dissent and vote to dismiss the appeal.
Motion for enlargement of time ( People v. Kirkup) granted and case set down for argument during the November, 1957 session of the Court of Appeals.