
    First Bank and Trust Company of South Bend, Respondent, v. Francis Small et al., Individually and as Copartners Doing Business under the Name of Barrow, Wade, Cuthrie & Company, Appellants.
    Submitted November 5, 1958;
    decided November 13, 1958.
    
      
      William Power Maloney, John A. Garrity, Saul Levy and George G. D’Amato for motion.
    
      Barney B. Fensterstock, Harry Zalkin, Sherwin A. Rodin and Frederick B. Sussmann opposed.
   Motion dismissed, with $10 costs and necessary printing disbursements, upon the ground that the motion in the Appellate Division for leave to appeal to the Court of Appeals was not timely made. (See, e.g., Howe v. Howe, 304 N. Y. 737.)  