
    Patrick Moore, Doing Business as Fifth Avenue Nursery, Respondent, v. Kenneth Carroad, Appellant.
   Motion by appellant to vacate the order of this court, dated December 5, 1960, dismissing his appeal, and to vacate the judgment entered thereon or, in the alternative, for leave to appeal to the Court of Appeals from said order and judgment. Motion denied. Nolan, P. J., Kleinfeld, Christ, Pette and Brennan, JJ., concur.  