Majority
p. 716Linda Burger et al., Infants, by Their Guardian ad Litem, Thomas C. Burger, et al., Respondents, et al., Plaintiff, v. Long Island Rail Road Company, Appellant, et al., Defendants. Ina C. Marra, as Administratrix of the Estate of Mollie Marra, Deceased, Respondent, v. Long Island Rail Road Company, Appellant. Submitted November 27, 1967; decided December 29, 1967.
p. 717
Anthony J. De Vito and Irving L. Golomb for motions.
Paul J. Donnelly, Jr., opposed.
Motion to dismiss appeal in action No. 1 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.
Motion to dismiss appeal in action No. 2 granted and appeal dismissed, with costs and $10 costs of motion, upon the ground that, since there has been a severance of the action, no appeal lies to the Court of Appeals as of right.