Majority
p. 631In the Matter of the Judicial Settlement of the Intermediate Account of Proceedings of Ray L. Erb and Others, as Executors of the Last Will and Testament of Elmer Ellsworth Smathers, Deceased. United States of America, Appellant; Ray L. Erb and Others, as Executors, etc., Respondents.
Motion denied on authority of Matter of Carlino v. Downs (ante, p. 631), decided herewith. Moreover, the decree appealed from is inconclusive. The applicant may move to vacate the citation and service thereof upon it. In the event such a motion is denied it may appeal on a record that will present a practical question. A stay may then be granted on terms preserving the status quo pending an appeal to review the ruling claimed to aggrieve. Present — Lazansky, P. J., Kapper, Hagarty, Carswell and Tompkins, JJ.