Majority
p. 828In the Matter of the Estate of Mildred Latowitzky, Also Known as Mildred Schlimowitz, Also Known as Mildred Sherwin, Deceased. Gladys Richless et al., Individually and as Executors of Mildred Latowitzky, Also Known as Mildred Schlimowitz, Also Known as Mildred Sherwin, Deceased, Appellants; Hyman Latowitzky, Respondent. Submitted February 12, 1968; decided February 15, 1968.
Howard I. Brenner for motion.
Frank Borut opposed.
p. 829
Motion dismissed upon the ground that the order sought to be appealed from does not finally determine the proceeding within the meaning of the Constitution. (Matter of Fobac, 291 N. Y. 671 ; Cohen & Karger, Powers of the New York Court of Appeals [Rev. ed., 1952], pp. 141-142.)
Cases cited
- In re the Will of Fobac 291 N. Y. 671 p. 829