Opinion
Argued April 28, 1972
Decided June 1, 1972
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, ALEXANDER BERMAN, J.
Matthew Muraskin and James J. McDonough for appellant.
No appearance for respondent.
Order affirmed, without costs. Question certified answered in the affirmative.
Appeal taken as of right dismissed 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 FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.