Opinion
December 27, 1949.
Present — Nolan, P.J., Johnston, Adel, Wenzel and MacCrate, JJ.
Motion for leave to prosecute appeal on an abbreviated record, and for other relief, denied, without costs. Proper practice requires that the case on appeal be settled by the trial justice and not by this court. (Civ. Prac. Act, §§ 575, 576; Rules Civ. Prac., rules 230, 232; Boylan v. Southern Pacific Co., 253 App. Div. 195; Capone v. Matteo Realty Corp., 241 App. Div. 845; People v. Foote, 241 App. Div. 846; Kozelka v. Prudential Ins. Co. of America, 243 App. Div. 631.)