Opinion
Submitted December 4, 1972
Decided December 6, 1972
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, JACOB MARKOWITZ, J.
Louis J. Lefkowitz, Attorney-General ( Sheldon Horowitz and Samuel A. Hirshowitz of counsel), for motion.
Stephan H. Peskin opposed.
Motion granted and the appeal dismissed, with costs and $10 costs of motion, upon the ground that the order appealed from does not finally determine the action within the meaning of the Constitution (Cohen and Karger, Powers of the New York Court of Appeals, § 39, pp. 158-159, n. 3).