Opinion
April 23, 1959
Present — Foster, P.J., Bergan, Coon, Gibson and Reynolds, JJ.
Motion to dismiss appeal for failure to serve record on appeal granted, without costs. From the memorandum decision of the Special Term as well as from the moving affidavit the absence of any meritorious grounds is quite clearly indicated and is not controverted by any factual statement in the opposing affidavit.