
    First Department,
    January, 1967
    (January 3, 1967)
    Oronzo Forese v. Seymour Small. (Action No. 1.) Seymour Small v. Oronzo Forese. (Action No. 2.)
   —Motion to vacate, as untimely served, the notice of appeal of appellant granted unless the appellant duly files the notice of appeal, in accordance with CPLR 5515, on or before January 24, 1967. Concur—■ Botein, P. J., Stevens, Steuer and Capozzoli, JJ.  