Opinion
Argued October 4, 1971
Decided October 6, 1971
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, JAMES O. MOORE, J.
Louis J. Lefkowitz, Attorney-General ( Peter Joseph Dooley and Ruth Kessler Toch of counsel), for appellant.
Frank G. Godson for respondent.
Motion to dismiss appeal granted, with $10 costs of motion, and appeal dismissed, with costs, 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, pp. 202-203).