Opinion
Argued March 26, 1930
Decided April 8, 1930
Appeal from the Supreme Court, Appellate Division, Second Department.
Henry Hirschberg for appellant.
Elmer H. Lemon, District Attorney, for respondent.
The order should be reversed and the case remitted to the Appellate Division, to decide the motion for enlargement of time and to dismiss the appeal upon the merits, upon authority of People v. Pennestri ( 253 N.Y. 318).
CARDOZO, Ch. J., POUND, CRANE, LEHMAN, KELLOGG, O'BRIEN and HUBBS, JJ., concur.
Ordered accordingly.