Appellate Division of the Supreme Court of the State of New York February 26, 1979 (Pratt v. Melton)

— Motion by respondent to dismiss petitioner’s cross appeal for failure of prosecution denied, without costs. Cross motion by petitioner for order directing that respondent shall be deemed the appellant and shall file and serve record and brief first (22 NYCRR 800.9 [e]), granted, without costs.