
    Florence Gillman et al., Respondents, v. George Goldberg, Appellant.
   In a malpractice action, the defendant appeals from an order of the Supreme Court, Queens County, dated September 4, 1959, denying his motion to dismiss the complaint for lack of prosecution. Order affirmed, without costs. (See Queens County Supreme Court Trial Term Rules, rule 9; cf. Grisafl v. Rubinstein, 8 A D 2d 742; Kings County Supreme Court Trial Term Rules, rule 9.) Nolan, P. J., Beldock, Christ and Brennan, JJ., concur.  