PER CURIAM.
The motion to punish for contempt should have been denied without leave to renew, since the filing of a petition for reorganization under section 77B of the Bankruptcy Act ( U.S. Code, tit. 11, § 207) could not be stayed by a State court and did not constitute a contempt of court. ( Matter of Kepecs, 123 N.Y.S. 872.)
Order modified by striking out permission to renew, and, as modified, affirmed, with ten dollars costs to defendant, appellant, respondent.
All concur. Present — HAMMER, FRANKENTHALER and NOONAN, JJ.