
    The People of the State of New York, Respondent, v. Cuthbert Eastman, Appellant.
   On the court’s own motion, the decision of the court handed down September 18, 1961 (14 A D 2d 695), is vacated and the following decision is made: Motion by appellant to dispense with printing on his appeal from an order dated September 7, 1961, granted. The appeal will be heard on the original papers and on appellant’s typewritten brief, which shall include a copy of the opinion, if any, of the court below. The appellant is directed to file six copies of his typewritten brief and to serve one copy on the District Attorney. The appellant’s time to perfect the appeal is enlarged to the February 1962 Term; appeal ordered on the calendar for said term. Motion for assignment of counsel denied. The appeal is from an order denying, without a hearing, appellant’s comm nobis application. Appellant, therefore, either has in his possession a copy of the original papers to be used in the consideration of this appeal, or has full knowledge of the contents of such papers. Beldock, Acting P. J., Ughetta, Kleinfeld, Christ and Brennan, JJ., concur.  