Opinion
Decided March 31, 1987
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), appeal dismissed, with costs, upon the ground that the order appealed from, which denied a motion to vacate the final determination of dismissal, does not finally determine the action within the meaning of the Constitution (Le Frois Foods Corp. v Aetna Ins. Co., 74 A.D.2d 730, mot to dismiss appeal granted 49 N.Y.2d 1043; Til v O'Brien, 53 A.D.2d 1030, appeal dismissed 40 N.Y.2d 902; Cohen and Karger, Powers of the New York Court of Appeals § 36 [b], at 143-144).