Decision of this court, handed down June 16, 1959 (8 A D 2d 914), amended to provide as follows: Motion to dismiss appeal, taken by notice of appeal dated April 8, 1959, granted, without costs. Cross motion for an order to delete certain findings denied, without costs and without prejudice to its renewal upon the argument of the appeal herein. Present — Foster, P. J., Bergan, Gibson, Herlihy and Reynolds, JJ.