Opinion
Submitted April 23, 1973
Decided May 31, 1973
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, RICHARD S. HELLER, J.
James B. Gitlitz for motion.
Louis J. Lefkowitz, Attorney-General ( Richard J. Dorsey of counsel), opposed.
Motion granted to the extent that the appeal from so much of the Appellate Division order as reversed as to the fifth and sixth claims and ordered a new trial thereon is dismissed, with $10 costs of motion, upon the ground that such portion of the Appellate Division order does not finally determine the action within the meaning of the Constitution.