Opinion
November 28, 1961
Motion to dismiss appeal granted, with $10 costs, unless the appellant procures the record on appeal and appellant's points to be served and filed on or before January 9, 1962, with notice of argument for the February 1962 Term of this court, said appeal to be argued or submitted when reached, provided that defendant turns over to appellant all exhibits that he has, so stating under oath, within five days after service of a copy of the order entered herein.
Concur — Botein, P.J., Breitel, Valente, McNally and Bergan, JJ.