Majority
p. 914The People of the State of New York, Appellant, v Gregory Saunders and Donald Linton, Respondents. Submitted May 21, 1984; decided June 12, 1984
Motion to vacate the Court of Appeals order of dismissal, dated April 30, 1984, granted and the appeal restored to the calendar. [See 62 NY2d 646 .] Since appellant’s papers on appeal have already been filed, the respondents’ 45-day filing period (Rules of Practice of Court of Appeals, § 500.7 [a] [22 NYCRR 500.7 (a)]) is deemed to commence on the date of this order.