
    John F. Gabriel, Doing Business under the Name and Style of Niederstein’s Restaurant, Appellant, v. Niederstein’s Restaurant, Inc., and Others, Respondents.
   Motion to resettle order granted; order resettled by striking out the words “ Stay continued for thirty days to enable appellant "to apply to the Court of Appeals ” and by inserting in place thereof the following: “ Stay continued until the granting or final refusal of appellant’s application to the Court of Appeals for leave to appeal to the Court of Appeals.” Present — Lazansky, P. J., Cars-well, Seudder, Tompkins and Davis, JJ.  