Opinion
December 12, 1949.
In an action to recover overtime compensation together with damages and attorney's fees under the Fair Labor Standards Act of 1938 (U.S. Code, tit. 29, § 201 et seq.), plaintiff appeals from an order entered June 8, 1949, denying his motion to substitute "Joe Friedman Hat Co., a partnership" in place of the corporation named as defendant. The order appealed from, which has not been printed in the record, was superseded by an order of resettlement, entered September 23, 1949, and, therefore, is not appealable. ( Magalhaes v. Magalhaes, 254 App. Div. 880.) Appeal dismissed, without costs. Nolan, P.J., Carswell, Adel, Sneed and Wenzel, JJ., concur. [ 195 Misc. 387.]