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WINSTON C. BECANNON v. VINCENT P. SMITH (04/16/69)

decided: April 16, 1969.

WINSTON C. BECANNON, AS EXECUTOR OF FRANK HARTL, DECEASED, RESPONDENT,
v.
VINCENT P. SMITH, APPELLANT



Reported below, 31 A.D.2d 810.

Motion to dismiss appeal taken as of right granted and appeal dismissed, with costs and $10 costs of motion, upon the ground that the order appealed from does not finally determine the action within the meaning of the Constitution.

Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution.

19690416

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