Motion for permission to appeal to the Court of Appeals upon certified questions. Motion granted and this court certifies the following question: Did this court err as a matter of law in dismissing the appeal taken to this court by the defendant-appellant from an order and judgment of the County Court of Albany County dated December 22, 1955? Present—Foster, P. J., Bergan, Coon, Zeller and Gibson, JJ. [See 1 A D 2d 989.]