Perry v. Zarcone 52 N.Y.2d 785

Motion to dismiss appeal taken as of right granted and said appeal dismissed, without costs, and motion for leave to appeal dismissed, each upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution. (See Cohen and Karger, Powers of the New York Court of Appeals, § 43, pp 169-171.) Motion for a stay dismissed as academic.