Majority
p. 787John A. Smith, Appellant, v City of Troy, Respondent. Submitted November 24, 1980; decided December 18, 1980
Motion to dismiss the appeal from the Appellate Division order dated September 20, 1980 granted and the appeal dismissed, with costs and $20 costs of motion, upon the ground that the order appealed from does not finally determine the action within the meaning of the Constitution.