Opinion
Submitted September 18, 1967
Decided September 28, 1967
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, FREDERICK BACKER, J.
John C. Hover, Charles F. Gibbs, Stuyvesant K. Bearns and Ann Tudor for motion.
Edward V. Mallon opposed.
Motion dismissed, with $10 costs and necessary printing disbursements, upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution ( Schwerin v. Schwerin, 292 N.Y. 685; Turner v. Turner, 285 N.Y. 740).