Motion for leave to reargue granted and upon reargument motion to dismiss appeal for lack of prosecution is denied and the order of this court entered September 29, 1960 is vacated and the motion for leave to prosecute the appeal as a poor person is granted to the extent and on the terms and conditions contained in the order of this court. Concur — Botein, P. J., Breitel, Rabin, Valente and McNally, JJ.