Opinion
Decided October 15, 1985
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, M. Hallsted Christ, J.
John Jaye Markos for appellant.
William M. Pinzler for respondents.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order dated May 21, 1984, insofar as it dismissed the complaint as to plaintiff Mataxes, affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division ( 101 A.D.2d 850).
Appeal from the order dated August 22, 1984 dismissed, without costs, upon the ground that the order appealed from does not finally determine the action within the meaning of the Constitution.
Concur: Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE, ALEXANDER and TITONE.