People v. Pennestri

Motion for reargument of motion to enlarge time to perfect and argue appeal granted, and on reargument motion denied. This decision is made as a matter of law and not as a matter of discretion. (People v. Dryer, 227 App. Div. 629.) Lazansky, P. J., Young and Seeger, JJ , concur; Rich and Scudder, JJ., dissent.