Opinion
August 21, 1985
Appeal from the Supreme Court, Westchester County (Beisheim, J.).
Appeal dismissed, without costs or disbursements.
In the purported judgment, Special Term indicated that it would not decide petitioner's application until a determination was rendered by this court in Matter of Jones v. Flynn ( supra). Since no determination was rendered nisi prius, the instant appeal must be dismissed ( see, CPLR 5701). Brown, J.P., O'Connor, Weinstein, Kunzeman and Kooper, JJ., concur.