Argued September 28, 1966
Decided October 19, 1966
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, EUGENE F. SULLIVAN, J.
Nathan J. Siegel for appellant.
Louis J. Lefkowitz, Attorney-General ( Cornelius F. Donahue, Ruth Kessler Toch and Herbert H. Smith of counsel), for respondent.
Order reversed, without costs, and proceeding remitted to the Appellate Division to exercise its discretion as to whether to direct the filing of the acceptance. The proceeding was timely brought under Matter of Carson v. Lomenzo ( 18 N.Y.2d 263), decided September 29, 1966.
Concur: Chief Judge DESMOND and Judges FULD, VAN VOORHIS, BURKE, SCILEPPI, BERGAN and KEATING.