Opinion
Submitted September 2, 1975
Decided September 12, 1975
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, JOHN H. PENNOCK, J.
James M. Conboy for motion.
No one opposed.
Motion granted and appeal dismissed, with costs and $20 costs of motion, upon the ground that an appeal to the Court of Appeals does not lie from an order of the Appellate Division granting a new trial unless the appellant stipulates to judgment absolute in the event of an affirmance (CPLR 5601, subd [c]).