Opinion
Submitted November 1, 1971
Decided January 6, 1972
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, S. SAMUEL DiFALCO, S.
Noel W. Hauser and Leonard Hochheiser for motion.
Leon Hershbaum opposed.
Motion dismissed upon the grounds (1) that no appeal lies from the order sought to be appealed from insofar as it affirms the decree entered upon default (CPLR 5511) and (2) that the order sought to be appealed from does not finally determine the proceeding within the meaning of the Constitution insofar as it affirms the order denying the motion to vacate the default ( Presti v. City of New York, 13 N.Y.2d 928).