Kessel v. Dodd (35 N.Y.2d 722, 1974)

Order affirmed, without costs (see Matter of Wydler v. Cristenfeld, 35 N Y 2d 719). Moreover, in addition to the comments by this court, in the Wy filer case, it is noted that this case does not involve a statutory requirement but one directed only to optional internal party rules.

Concur: Chief Judge Bbeitel and Judges Gtabbielli, Jones, Wachtleb and Rabin. Judge Jasen concurs in result for the reasons stated in the memorandum at the Appellate Division. Taking no part: Judge Stevens.