MATTER OF SCARPELLI v. LAVINE

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 N.Y.2d 773; Lizza Ind. v Long Is. Light. Co., 36 N.Y.2d 754; Walker v Sears, Roebuck Co., 36 N.Y.2d 695.)