Motion to dismiss appeal granted and appeal dismissed, with costs and $10 costs of motion, upon the ground that the Appellate Division has now validly exercised the discretionary power which in this case we have already held that the Appellate Division possesses as to this matter. (See 309 N. Y. 633.)

Cross motion to have appeal heard upon the record heretofore filed with this court on the previous appeal together with a supplemental record denied.