
    Joseph Marinello, Appellant, v. Nicholas Iozzo et al., Defendants, and Vitale N. Paganelli et al., Respondents.
   Motion by respondent David

0, G-ilberg to resettle order of this court, dated December 6, 1965 granted to the extent of striking from the first paragraph thereof the words “ and no one having appeared or filed a brief for respondent Oppenheim” and by substituting therefor: “ and the action having been discontinued as to the respondent Oppenheim" In all other respects, motion denied.

Christ, Acting P. J., Brennan, Rabin, Hopkins and Benjamin, JJ„ concur,  