Opinion
October 20, 1966
Appeal from the Monroe Trial Term.
Present — Bastow, J.P., Henry, Del Vecchio and Marsh, JJ.
Judgment insofar as appealed from unanimously affirmed, without costs of this appeal to any party. Memorandum: It may well be that the judgment is not appealable (cf. Murphy v. Spaulding, 46 N.Y. 556), but, in any event, we have passed upon the merits and conclude the judgment should be affirmed.