Opinion
Submitted November 28, 1961
Decided January 11, 1962
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, ROSCOE V. ELSWORTH, J.
Louis J. Lefkowitz, Attorney-General ( Edwin R. Oberwager and Paxton Blair of counsel), for appellant.
David E. Watts for respondent.
Appeal dismissed, without costs, upon the ground that the order appealed from does not finally determine the proceeding within the meaning of the Constitution. No opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER.