New York Court of Appeals October 31, 1963 (Kupferman v. Katz)

Order affirmed, without costs. The Appellate Division acted within its discretionary power in affirming the denial of the *934petition in this mandamus proceeding because of delay in bringing it. We reach no other question. No opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Van Voorhis, Burke, Foster and Scileppi.