Opinion
Submitted November 16, 1959
Decided November 25, 1959
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, MARCUS G. CHRIST, J.
Philip Huntington and J. Oakey McKnight for motion.
Henry Root Stern, Jr., opposed.
Motion dismissed, with $10 costs and necessary printing disbursements, upon the ground that the nonfinal order sought to be appealed from was entered in an action, not a proceeding, and is, therefore, not covered by subdivision 2 of section 589 of the Civil Practice Act.