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MATTER ABE FURMAN v. CITY NEW YORK ET AL. (02/26/69)

decided: February 26, 1969.

IN THE MATTER OF ABE FURMAN, APPELLANT,
v.
CITY OF NEW YORK ET AL., RESPONDENTS



Motion to dismiss an appeal from an order of the Appellate Division of the Supreme Court in the Third Judicial Department, entered November 7, 1968, which denied a motion by plaintiff to reinstate an appeal taken by him to said court. The said appeal had been dismissed for failure to prosecute (see 14 A.D.2d 712).

Motion granted and appeal dismissed, without costs, upon the ground that the order appealed from does not finally determine the proceeding within the meaning of the Constitution (Eagle v. Cherney, 290 N. Y. 741).

Disposition

Motion granted and appeal dismissed, without costs, upon the ground that the order appealed from does not finally determine the proceeding within the meaning of the Constitution ( Eagle v. Cherney, 290 N. Y. 741).

19690226

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