Opinion
Submitted October 2, 1961
Decided October 5, 1961
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, HENRY EPSTEIN, J.
Frank R. McGlynn, Jerome A. Perles and Stanley M. Estrow for motion.
Leo A. Larkin, Corporation Counsel ( Seymour B. Quel and John L. Radlein of counsel), opposed.
Motion dismissed upon the ground that the nonfinal order sought to be appealed from was entered in an action, not a proceeding, and is, therefore, not covered by subdivision 2 of section 589 of the Civil Practice Act ( Point Lookout Civic Assn. v. Town of Hempstead, 7 N.Y.2d 751).