MORTON v. MORTON

Motion by respondent to dismiss appeal from an order of the Supreme Court, Nassau County, entered July 6, 1965, which denied appellant's motion to amend, correct and modify a judgment of separation. Appellant sought to have the judgment recite that the dismissal of one of the causes of action was for failure of proof, without prejudice. Motion granted; appeal dismissed, without costs. The order is not appealable ( Katz v. Katz, 13 A.D.2d 529). Beldock, P.J., Ughetta, Christ, Brennan and Hopkins, JJ., concur.