Majority
p. 799The People of the State of New York, Respondent, v. Frank Pennestri and Lucia Pennestri, Appellants.
Motion for reargument of motion to enlarge time to perfect and argue appeal granted, and on reargument motion denied. This decision is made as a matter of law and not as a matter of discretion. (People v. Dryer, 227 App. Div. 629 .) Lazansky, P. J., Young and Seeger, JJ , concur; Rich and Scudder, JJ., dissent.