Opinion
Submitted January 16, 1967
Decided January 19, 1967
On the court's own motion, the order of January 12, 1967, dismissing the motion for leave to appeal upon the ground of nonfinality ( 19 N.Y.2d 577), is vacated. After further consideration, we conclude the motion is properly before us (CPLR 5602 [a] 2; see Matter of Gladstone, 19 N.Y.2d 603, decided January 12, 1967). Pending its determination all further proceedings are stayed.