The order should be reversed and the case remitted to the Appellate Division, to decide the motion for enlargement of time and to dismiss the appeal upon the merits, upon authority ofPeople v. Pennestri (253 N.Y. 318).
CARDOZO, Ch. J., POUND, CRANE, LEHMAN, KELLOGG, O'BRIEN and HUBBS, JJ., concur.
Ordered accordingly.