Order of May 2, 1963 reversed, with $10 costs and disbursements; and motion to dismiss the complaint granted, without prejudice, however, to an application by plaintiff, if he be so advised, to vacate the order of dismissal upon proper papers. Appeal from order of July 11, 1963, denying resettlement, dismissed, without costs, as academic in view of our disposition of the order of May 2, 1963.
Under the guidelines announced in Keating v. Smith (
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