Majority
p. 775The People of the State of New York ex rel. Marion F. McCabe, Appellant, v. Desmond S. Shipley, Respondent. Submitted November 13, 1944; decided November 15, 1944.
Arthur L. Burchell for motion.
Edward H. Hart opposed.
Motion" granted and appeal dismissed, with costs and ten dollars costs of motion on the ground that the order appealed
p. 776
from does not finally determine the proceeding within the meaning of the Constitution.