Opinion
Submitted June 11, 1962
Decided June 12, 1962
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JOHN E. CONE, J.
Morris Hirschhorn for motion.
Walter E. Rutherford opposed to motion and for cross motion.
Motion dismissed, with $10 costs and necessary printing disbursements, upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution.
Cross motion granted and appeals dismissed upon the ground that the appeals do not lie as of right (Civ. Prac. Act, § 588, subd. 1; Smith v. La Guardia, 268 N.Y. 632).