Opinion
November 1, 1955.
Motion by appellant to extend stay. The court on its own motion reinstates the appeal which has been dismissed for a failure of appellant to conform with prior directions in respect of the filing of the record. A stay is granted based on the appeal as now reinstated upon the following conditions: (a) that appellant on or before November 7, 1955, obtain and file with clerk of this court the consent of the surety to extend the undertaking heretofore furnished to be operative during the period of this stay; or, in the alternative file a new undertaking in the amount and substantially under the terms heretofore fixed; (b) that appellant serve and file his brief on appeal and in all respects perfect and file his record on or before November 7, 1955; (c) that appellant be ready for argument or to submit when the case is reached; and for this purpose the case is placed at the head of the general calendar at the November Term of this court. Foster, P.J., Bergan, Coon, Halpern and Zeller, JJ., concur. [See ante, p. 976.]