Opinion
Submitted May 14, 1973
Decided June 7, 1973
Appeal from the Supreme Court, New York County, VINCENT A. MASSI, J., SAMUEL R. ROSENBERG, J.
George R. Hinckley, Harold J. Smith, William M. Silverman and David M. Farbman for motion.
Charles Sutton opposed.
Motion granted and appeal dismissed, with costs and $10 costs of motion, upon the ground that the prior order of the Appellate Division was not one which necessarily affected the final judgment appealed from. (CPLR 5601, subd. [d]; see Buffalo Elec. Co. v. State of New York, 14 N.Y.2d 453, 457-458; see, also, Cohen and Karger, Powers of the New York Court of Appeals, § 79.)