Opinion
Submitted January 19, 1970
Decided February 26, 1970
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, ABRAHAM J. GELLINOFF, J.
Sydney Beizer for motion for leave to appeal and opposed to motion to dismiss appeal.
Sidney A. Schwartz, Brian P. Mullen and Michael R. Treanor opposed to motion for leave to appeal and for motion to dismiss appeal.
Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution.
Motion by respondent Heyden Newport Chemical Corporation to dismiss the appeal taken as of right granted and the appeal dismissed, with costs and $10 costs of motion, upon the ground that the order appealed from does not finally determine the action within the meaning of the Constitution.