SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT
October 24, 1968
DONALD C. ALBRIGHT ET AL., APPELLANTS
TOWN OF MANLIUS ET AL., RESPONDENTS
Appeal from order of Onondaga Special Term, amending order in declaratory judgment action.
Goldman, J. P., Del Vecchio, Marsh, Witmer and Henry, JJ.
Memorandum: In affirming, we recognize that the admissibility of the proof which has been objected to will for the ultimate determination of the Trial Judge. It may well be, upon proper application, that in order to make for an orderly trial the Trial Judge will determine to pass upon the objections to testimony taken in the examination before trial before the commencement of the actual trial of the issues.
Order unanimously affirmed, without costs.
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