Motion to vacate order entered December 7, 1959 (9 A D 2d 896), dismissing appeal, or, in the alternative, for leave to appeal to the Court of Appeals from said order denied, without costs. (See Goldstein v. Park Terrace Caterers, 10 A D 2d 881.) Nolan, P. J., Beldock, Christ, Pette and Brennan, JJ., concur.