Opinion
December 14, 1961
Motion to dismiss appeal on the ground that the order is not appealable is denied without prejudice to a renewal at the time of argument. Under the prayer for alternative relief, the appeal is dismissed for failure to prosecute unless defendant procures the record on appeal and appellant's points to be served and filed on or before January 9, 1962, with notice of argument for the February 1962 Term of this court, said appeal to be argued or submitted when reached.
Concur — Botein, P.J., Breitel, Valente, Stevens and Eager, JJ.