Opinion
Argued March 8, 1965
Decided March 11, 1965
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department.
Frank S. Hogan, District Attorney ( Milton M. Stein of counsel), for motion and opposed to cross motion.
Arnold Schildhaus, in person, opposed to motion and for cross motion.
Decision on motion withheld. Meanwhile the order sought to be appealed from is remitted to the Appellate Division, First Department, with the request that the court inform the Court of Appeals whether the order of February 19, 1965, which is signed by one Justice, is an order of the court. Decision on cross motion withheld pending petitioner's application to a Justice of the Appellate Division, First Department, for such relief. [See 15 N.Y.2d 963.]