Majority
p. 970In the Matter of Fred G. Morritt, Appellant, v Extraordinary Special and Trial Term of the Supreme Court, County of Kings, et al., Respondents. Submitted November 1, 1976; decided November 23, 1976
Application to defer disposition or to withdraw motion without prejudice denied.
Motion to vacate the order of the Court of Appeals, dated June 4, 1975, dismissing the appeal herein or, in the alternative, to vacate the order of the Court of Appeals, dated September 10, 1975, denying leave to appeal and for an order on reconsideration granting leave to appeal, marked "withdrawn with prejudice”. [See 36 NY2d 911 , 37 NY2d 707 .]