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In the Matter of the Petition of ROSE EITINGON. In the Matter of the Accounting of MOTTY EITINGON et al., as Surviving Trustees of a Trust for ROSE EITINGON. MOTTY EITINGON et al., Individually and as Executors and Trustees, Appellants; ROSE EITINGON et al., Respondents.

Appeal dismissed, without costs. An order or decree of a Surrogate's Court vacating a prior decree in an accounting proceeding, and ordering or contemplating further proceedings on the account, is not a final order in a special proceeding within the meaning of the Constitution. Anything to the contrary in Matter of Tilden ( 98 N.Y. 434) is hereby overruled. No opinion.

Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, THACHER, DYE and FULD, JJ.

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MATTER OF EITINGON
(Feb 20, 1947)