Opinion
Submitted April 12, 1971
Decided May 12, 1971
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, J. IRWIN SHAPIRO, J.
David S. Whitlock, Jr. and James L.R. Costello for motion.
Selwyn Karp and Stuart J. Silverman opposed.
Motion, insofar as it seeks leave to appeal from the affirmance of that portion of the interlocutory judgment directing surrender of the stock certificate and transfer of the shares, denied; motion, insofar as it seeks leave to appeal from the affirmance of that portion of the interlocutory judgment directing the sale of the real property, subject to confirmation of the Referee's report thereof, dismissed upon the ground that the Appellate Division order, to that extent, does not finally determine the action within the meaning of the Constitution.