Opinion
April 7, 1959
Appeal from order entered June 17, 1958 unanimously dismissed, without costs. Said determination was not made upon notice and is not appealable ( Vallen v. Fifth Ave. Coach Corp., 5 A.D.2d 769; Civ. Prac. Act, § 609).
Concur — Breitel, J.P., Rabin, Valente, Stevens and Bergan, JJ.