Stewart v. Peter Cooper Life Insurance — 28 N.Y.2d 749

Majority

p. 749

In the Matter of Richard E. Stewart, as Superintendent of Insurance of the State of New York, v. Peter Cooper Life Insurance Company of New York. George F. Degen, Respondent, v. Edward E. Lustbader et al., Respondents; Edward G. Zehr et al., Appellants, et al., Defendants. (And Two Additional Actions.)

Submitted March 1, 1971;

decided April 7, 1971.

p. 750

Morris Goldstein and Arthur E. Sullivan for motion.

Isaac Goldstein, Irvin Waldman and Edward Gherney opposed.

Motion dismissed, with $10 costs and necessary printing disbursements, upon the ground that the order sought to be appealed from does not finally determine the actions in which it was granted and is not within the purview of CPLR 5602 (subd. [a], par. 2), not having been made in the unconsolidated proceeding instituted by the Superintendent of Insurance.