
    John J. Weisent, Respondent, v. City of New York, Appellant.
    Submitted April 15, 1968;
    decided May 15, 1968.
    
      J. Lee Rankin, Corporation Counsel, for appellant.
    
      Weinstein, Chayt & Bard for respondent.
   Motion granted and appeal dismissed, with costs and $10 costs of motion, upon the ground that appellant, having been partially successful in the Appellate Division, may not appeal to this court as a matter of right upon a stipulation for judgment absolute pursuant to CPLR 5601 (subd. [d]). (Langer v. Amalgamated Mut. Auto. Cas. Co., 9 N Y 2d 787; Fiscella v. Nassau Term. Bowling Alleys, 3 N Y 2d 794; Anchin, Block & Anchin v. Pennsylvania Coal & Coke Corp., 308 N. Y. 985.)  