Opinion
Submitted November 2, 1970
Decided November 12, 1970
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, JOHN L. FLYNN, J.
Irving I. Erdheim and Milton P. Falk for motion.
Benedict Ginsberg opposed.
Motion for leave to appeal dismissed and, upon the court's own motion, appeal taken as of right dismissed, without costs, upon the ground that the Appellate Division order does not finally determine the action within the meaning of the Constitution ( Wagner v. Wagner, 20 N.Y.2d 803; Schwerin v. Schwerin, 292 N.Y. 685; Turner v. Turner, 285 N.Y. 740).