Majority
p. 765First Federal Savings and Loan Association of Rochester, Plaintiff, v. Burdett Avenue Properties, Inc. et al., Defendants; Sandy’s Upstate Building Supply, Inc. et al., Respondents ; V. Zappala & Co., Inc., Appellant. Submitted October 23, 1973; decided November 14, 1973.
p. 766
George A. Roland for motion.
No one opposed.
Motion granted and appeal dismissed, with costs and $10 costs of motion, upon the ground that the appeal was not timely taken.