Opinion
May 19, 1959
Motion for leave to dismiss appeal for lack of prosecution granted, with $10 costs, unless the appellant procures the record on appeal and appellant's points to be served and filed on or before May 28, 1959, with notice of argument for June 9, 1959, said appeal to be argued or submitted when reached. The motion in all other respects is denied.
Concur — Breitel, J.P., Rabin, M.M. Frank, Valente and McNally, JJ.