Borey v. Levitt 9 A.D.2d 702

Motion to dismiss proceeding under article 78 of the Civil Practice Act granted, unless petitioner files note of issue and files and serves record and brief on or before December 10, 1959 and is ready for argument at the January 1960 Term of this court, in which event the motion is denied. Present — Foster, P. J., Bergan, Gibson, Herlihy and Reynolds, JJ.