McCartney Music, Inc. v. Melody Lane Publications, Inc. , 1974 N.Y. App. Div. LEXIS 3213 ( 1974 )

—■ Motion to dismiss appeal for failure to prosecute granted with $20 costs, unless the appellants perfect the appeal for the March 1975 Term of this court. The issue of waiver of right to appeal may be raised by the parties in their briefs and is reserved for consideration by the appeal bench (cf. Bobbins v. Bubin, 42 A D 2d 560). Concur — McGivern, P. J., Markewich, Nunez, Kupferman and Murphy, JJ.