Opinion
June 12, 1967
Appeal from order of the Supreme Court, Westchester County, dated August 31, 1966, which denied appellants' motion to resettle the judgment theretofore entered, dismissed, with $10 costs and disbursements to each group of respondents which filed a separate brief, payable by appellants jointly. The order is not appealable ( Katz v. Katz, 13 A.D.2d 529; Amsterdam v. Compania Naviera "Estrella De Plata", S.A. Panama, R.P., 8 A.D.2d 947, 948; Wiggins v. Town of Somers, 8 A.D.2d 733; McCormick v. Mars Assoc., 25 A.D.2d 433). In any event, we have examined the merits and, if we were not dismissing the appeal, we would have affirmed the order. Brennan, Acting P.J., Rabin, Hopkins, Benjamin and Munder, JJ., concur.