Scarpelli v. Lavine , 37 N.Y.2d 871 ( 1975 )

Appeal dismissed, without costs, by the Court of Appeals sua sponte upon the ground that the order appealed from does not finally determine the proceeding within the meaning of the Constitution. (See Matter of Bernard v Lavine, 37 NY2d 773; Lizza Ind. v Long Is. Light. Co., 36 NY2d 754; Walker v Sears, Roebuck & Co., 36 NY2d 695.)