Opinion
Submitted October 20, 1975
Decided December 22, 1975
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, GEORGE D. BURCHELL, J.
Wallace Gossett for motion.
Joseph D. Ahearn opposed.
Motion granted and appeal dismissed, without costs, upon the ground that the order appealed from does not finally determine the action within the meaning of the Constitution (Empire Nat. Bank v Gendell, 35 N.Y.2d 970; Walker v Sears, Roebuck Co., 36 N.Y.2d 695; Lizza Ind. v Long Is. Light. Co., 36 N.Y.2d 754).