Gardner v. Le Boeuf — 7 N.Y.2d 799

Majority

p. 799

Hope N. Gardner, Respondent, v. R. J. Le Boeuf, Jr., et al., Constituting the Board of Trustees of the Incorporated Village of Old Westbury, Appellants.

Submitted November 16, 1959;

decided November 25, 1959.

p. 800

Philip Huntington and J. Oakey McKnight for motion.

Henry Root Stern, Jr., opposed.

Motion dismissed, with $10 costs and necessary printing disbursements, upon the ground that the nonfinal order sought to be appealed from was entered in an action, not a proceeding, and is, therefore, not covered by subdivision 2 of section 589 of the Civil Practice Act.