Opinion
October 26, 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 December 5, 1961, with notice of argument for the January 1962 Term of this court, said appeal to be argued or submitted when reached. That branch of the motion seeking to vacate the order of this court, entered on December 22, 1960, is denied and the stay granted in said order is continued on condition that the appeal be perfected as directed herein.
Concur — Botein, P.J., Breitel, Eager and Noonan, JJ.