Opinion
Submitted February 17, 1976
Decided February 24, 1976
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, THOMAS ALOI, J.
John B. Carroll for motion.
Edward F. Gerber, Richard L. Engel, John M. Freyer and Louis Young opposed.
Motion dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution (Walker v Sears, Roebuck Co., 36 N.Y.2d 695; Lizza Ind. v Long Is. Light. Co., 36 N.Y.2d 754; Cohen and Karger, Powers of the New York Court of Appeals, § 14, p 62; Lutz Co. v Bond Stores, 301 N.Y. 610).