Opinion
November 28, 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 January 9, 1962, with notice of argument for the February 1962 Term of this court, said appeal to be argued or submitted when reached. Motion for leave to appeal as a poor person granted insofar as to permit the appeal to be heard upon a typewritten or mimeographed record, without printing the same, and upon typewritten or mimeographed appellant's points, upon condition that the appellant serves one copy of the typewritten or mimeographed record and one copy of the typewritten or mimeographed appellant's points on the attorney for the respondents and files 6 typewritten copies or 19 mimeographed copies of both the record on appeal and appellant's points with this court 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. The appeal taken by plaintiff-appellant from the order entered on August 31, 1961 is withdrawn.
Concur — Botein, P.J., Breitel, Valente, McNally and Bergan, JJ.