Order of Appellate Division reversed and that of Special Term reinstated, with costs in this court and in the Appellate Division. After September 1, 1964, the Appellate Division lacked the power to grant the motion to dismiss for failure to file a note of issue without compliance with CPLR 3216, as amended (L. 1964, ch. 974).

Concur: Chief Judge Desmond and Judges Dye, Full, Burke and Scileppi. Judges Van Voorhis and Bergan dissent and vote to affirm.