Opinion
Submitted November 14, 1960
Decided November 30, 1960
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, MARCUS G. CHRIST, J.
Lawrence W. McKeown for motion.
Charles R. Van de Walle and Emerson F. Davis opposed.
Motion dismissed, with $10 costs and necessary printing disbursements, upon the ground that the motion in the Appellate Division for leave to appeal to the Court of Appeals was not timely made. (See, e.g., First Bank Trust Co. of South Bend v. Small, 5 N.Y.2d 844; Howe v. Howe, 304 N.Y. 737.)