Motion by respondent to dismiss, for lack of prosecution, appeal from a judgment of the Supreme Court, Queens County, rendered December 21, 1962. Motion denied, with leave to renew upon compliance with section 537-a of the Code of Criminal Procedure. The papers fail to show that notice of the instant motion was served upon the attorney who had appeared for appellant.
Hill, Acting P. J., Rabin, Hopkins -and Benjamin, JJ., concur.