Opinion
Argued December 5, 1957
Decided January 9, 1958
Appeal from the Appellate Division of the Supreme Court in the third judicial department, ISADORE BOOKSTEIN, J.
Charles A. Brind, Jr., John P. Jehu, Elizabeth M. Eastman and George B. Farrington for appellant.
Emanuel Redfield for respondent.
Appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the proceeding within the meaning of the Constitution, without prejudice, however, to an application by appellant for permission to appeal. (Civ. Prac. Act, § 592, subd. 5, par. [b].) No opinion.
Concur: Chief Judge CONWAY and Judges DESMOND, DYE, FULD, FROESSEL, VAN VOORHIS and BURKE.