Opinion
Submitted November 15, 1943
Decided November 24, 1943
Appeal from the Supreme Court, Appellate Division, Second Department.
Lawrence S. Timen for motion.
E.F.W. Wildermuth opposed.
Motion denied, without costs and without prejudice to a new application to dismiss the appeal upon proof that the service of the notice of appeal was not made within sixty days after service of entry of the order appealed from, or within the period permitted by section 592, subdivision 5-a of the Civil Practice Act.