People v. Browning

On this application to vacate our prior decision dismissing the appeal the allegations made by petitioner that he was prevented from serving the necessary papers on appeal in time are referred to the Clinton 'Special Term of the Supreme Court for inquiry and report. Decision upon this application is withheld until the return of such report. [See People v. Browning, 20 A D 2d 853, 21 A D 2d 700.] Present — Bergan, P. J., Gibson, Herlihy, Reynolds and Taylor, JJ.