Order reversed, without costs, and proceeding remitted to the Appellate Division to exercise its discretion as to whether to direct the filing of the acceptance. The proceeding was timely brought under Matter of Carson v. Lomenzo ( 18 N.Y.2d 263), decided September 29, 1966.
Concur: Chief Judge DESMOND and Judges FULD, VAN VOORHIS, BURKE, SCILEPPI, BERGAN and KEATING.