Opinion
December 12, 1949.
Present — Dore, J.P., Cohn, Callahan, Van Voorhis and Shientag, JJ.
In view of the decision of the Court of Appeals on November 17, 1949, in Matter of Heidelberger ( Cooper) ( 300 N.Y. 502), reversing 275 Appellate Division 158, on the ground that the motion to vacate was not made within the three months prescribed by section 1463 of the Civil Practice Act, the order appealed from must be affirmed, with $20 costs and disbursements to the landlord-respondent.