Opinion
Argued February 18, 1969
Decided February 27, 1969
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JOHN T. CLANCY, S.
Lincoln D. Harkow for appellants-respondents.
William V. Kuhn and William J. Brown for respondents-appellants.
Order insofar as it affirmed the decree of the Surrogate's Court, Queens County, entered October 10, 1966, affirmed, with costs to all parties appearing separately and filing separate briefs payable out of the estate. Appeals from so much of the order as modified the decree of the Surrogate's Court, Queens County, entered May 3, 1967, dismissed, without costs, upon the ground that the order does not finally determine the proceeding within the meaning of the Constitution. No opinion.
Concur: Chief Judge FULD and Judges BURKE, BERGAN, KEATING, BREITEL and JASEN. Taking no part: Judge SCILEPPI.