
    The People of the State of New York, Respondent, v. John Foreman, Appellant.
   Motion by appellant to vacate an order of this court entered January 10, 1949, dismissing the appeal. Motion granted and order vacated. Appellant’s time to perfect the appeal is enlarged to the February 1961 Term. The appeal is ordered on the calendar for said term. The appeal will be heard on the original papers (including the typed minutes) and on appellant’s typewritten brief. Appellant is directed to file six typewritten copies of his brief and to serve one copy on the District Attorney. Francis M. Verrilli, Esq., of 32 Court St., Brooklyn, New York, is assigned as counsel to prosecute the appeal on behalf of the appellant. Nolan, P. J., Kleinfeld, Pette and Brennan, JJ., concur; Beldock, J., dissents, and votes to deny the motion.  