
    The People of the State of New York ex rel. Robert Tate, Appellant, v Harold Smith et al., Respondents.
   — Motion to dismiss appeal denied. Memorandum: The notice of appeal was timely served by mail on January 12, 1984 but was untimely filed with the County Clerk on January 13, 1984. Pursuant to CPLR 5520 (a), we excuse the late filing. Present —Dillon, P. J., Doerr, Boomer, Pine and Lawton, JJ.  