Opinion
November, 1906.
Henry S. Goodspeed, for appellant.
Marcus Helfand, for respondent.
The order opening the default and vacating the judgment is not appealable in the first instance. Laws of 1902, chap. 580, § 257. See 80 A.D. 368.
The appeal is, therefore, dismissed, with costs.
Present: GILDERSLEEVE, DUGRO and DOWLING, JJ.
Appeal dismissed, with costs.