Opinion
Submitted October 5, 1953
Decided October 15, 1953
Appeal from the Supreme Court, Appellate Division, First Department, BOTEIN, J.
Alfred S. Julien for motion.
Thomas A. Clarke and John G. Reilly opposed.
Motion dismissed, with $10 costs and necessary printing disbursements, upon the ground that the required papers were not filed in the office of the Clerk of the Court of Appeals within thirty days after service of a copy of the order of the Appellate Division denying permission to appeal, with notice of entry thereof. (See Civ. Prac. Act, § 592, subd. 3, as it provided prior to Sept. 1, 1953, the effective date of L. 1953, ch. 94: see, also, Nathan v. Stratford Holding Corp., 295 N.Y. 936; Gerla v. Bankers Trust Co., 297 N.Y. 888.)