Opinion
November 28, 1949.
Present — Nolan, P.J., Carswell, Adel, Sneed and Wenzel, JJ.
Motion to dismiss appeal denied on condition that appellants perfect the appeal for the January, 1950, term (for which term the case is set down) and be ready for argument when reached; otherwise, motion granted, with $10 costs. The appeal should not be dismissed because of an error in specifying in the notice of appeal that the appeal is taken to the Appellate Division in the First Department instead of in the Second Department. The notice may be amended on proof that the error was inadvertent or excusable. ( People v. Schoff, 266 App. Div. 158; Maltz v. Rosenberg, 265 App. Div. 972; Vesper v. Callahan, post, p. 784, decided herewith.)