Opinion
Submitted October 5, 1959
Decided October 22, 1959
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, HOWARD T. HOGAN, J.
John F.X. Browne for motion.
John A. Morhaus and Robert M. Stein opposed.
Motion dismissed upon the ground that the nonfinal order sought to be appealed from was entered in an action, not a proceeding, and is, therefore, not covered by subdivision 2 of section 589 of the Civil Practice Act.