Majority
p. 767The Chase National Bank of the City of New York, as Trustee, etc., Respondent, v. Frederick McHenry Kitching and Others, Defendants; Samuel Meyers, Appellant.
It appearing that the appellant’s neglect to file the notice of appeal herein with the county clerk was excusable, permission is hereby granted to file such notice with the county clerk within five days after the entry of the order herein, pursuant to section 107 of the Civil Practice Act. Present — Lazansky, P. J., Young, Carswell and Seudder, JJ.; Davis, J., taking no part.