Page 785
Order affirmed, without costs. On the cross appeal we find it unnecessary to reach the question of timeliness of service. No opinion.
Concur: Chief Judge Fuld and Judges Scileppi, Bergan, Keating, Breitel, Jasen and Foreman *.
*.
Designated pursuant to section 2 of article VI of the State Constitution in place of Burke, J., disqualified.