Citation Codes Equivalent Citations citation codes Attorney(S) Fred J. O'Donnell for Joel Bernstein See more information ... Smart Summary Please sign up to generate summary. ANTHONY T. ANNUTTO et al., Appellants, v. VILLAGE OF HERKIMER, Respondent, et al., Defendant. Motion 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.