Citation Codes Equivalent Citations citation codes Attorney(S) Carl O. Olson for John W. Tabner Robert P. Heywood See more information ... Smart Summary Please sign up to generate summary. MUNICIPAL SERVICE COMPANY, Appellant, v. TOWN OF COLONIE, Respondent. Motion dismissed upon the ground that the nonfinal order sought to be appealed from was entered in an action, not a proceeding, and is, therefore, not covered by subdivision 2 of section 589 of the Civil Practice Act.