In re McCarthy

Motion granted insofar as to extend appellant’s time to serve and file the record on appeal and appellant’s points to and including December 8, 1959, with notice of argument for the January 1960 Term of this court, said appeal to be argued or submitted when reached. If the above condition is not complied with, the respondents may submit an ex parte order, without notice to appellant, dismissing the appeal. Concur — Botein, P. J., Breitel, M. M. Prank, Valente and Stevens, JJ.