The order should be reversed and the case remitted to the Appellate Division, to decide the motion for enlargement of tune and to dismiss the appeal upon the merits, upon authority of People v. Pennestri (253 N. Y. 318).

Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ., concur.

Ordered accordingly.