Majority
p. 742Kenford Company, Inc., Plaintiff, and The Dome Stadium, Inc., Appellant-Respondent, v County of Erie et al., Respondents-Appellants. Submitted August 26, 1985; decided October 22, 1985
Motion to dismiss appeal by plaintiff The Dome Stadium, Inc., denied.
On the court’s own motion, cross appeal by defendants dismissed, without costs, upon the ground that the order insofar as appealed from does not finally determine the action within the meaning of the Constitution. The defendants cross appellants are not aggrieved by the order of the Appellate Division insofar as it finally determined the claim by The Dome Stadium, Inc.
Judges Simons and Kaye taking no part.