Opinion
October 19, 1942.
Present — Lazansky, P.J., Carswell, Johnston, Adel and Close, JJ.
Motion to dismiss appeal on the ground that the order is not appealable denied, without costs. The motion would be granted but for the anomalous character of the order sought to be resettled, which we have assumed, in order that the merits might be passed upon, to be in the nature of a judgment entered upon an opinion which was in the nature of a decision.