In re Ford — 19 N.Y.2d 745

Majority

p. 745

In the Matter of Arthur C. Ford et al., Constituting the Board of Water Supply of the City of New York, Respondents, Relative to Acquiring Title to Real Estate for the City of New York in the County of Sullivan. C. Howard Swartwout et al., Appellants.

Submitted February 20, 1967;

decided March 2, 1967.

p. 746

J. Lee Rankin, Corporation Counsel (Theodore R. Lee and Francis T. Murray of counsel), for motion and opposed to cross motion.

Louis B. Scheinman opposed to motion and for cross motion.

Motion to dismiss appeal granted and appeal dismissed, with costs and $10 costs of motion, upon the ground that the order appealed from is not final within the meaning of the Constitution and an appeal lies only by permission (CPLR 5602, subd. [a], par. 2).

Motion for an extension of the time within which to move for leave to appeal denied as unnecessary (CPLR 5514, subd. [a]).