
    In the Matter of the Will of Antonetta Iovinella, Deceased. Salvatore Iovinella, Appellant; Mary Rasso et al., as Executors, Respondents.
    (Submitted March 22, 1915;
    decided March 26, 1915.)
    
      Matter of Iovinella, 166 App. Div. 460, appeal dismissed.
    Motion to dismiss an appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered March 9, 1915, which affirmed an order of the court at a Trial Term striking from its calendar a proceeding for the probate of a will, controverted questions of fact arising therein having been certified by the Schenectady County Surrogate’s Court to be tried thereat by a jury, and sending the same back to said Surrogate’s Court for trial and determination on the ground that said proceeding was commenced prior to September 1, 1914, and that, therefore, the provisions of chapter 443 of the Laws of 1914 did not apply.
    The motion was made upon the ground that the order is not one finally determining an action or special proceeding and is, therefore, not appealable to the Court of Appeals.
    
      Henry S. Baehler for motion.
    
      Nathaniel B. Spalding opposed.
   Motion granted and appeal dismissed, with costs, and ten dollars costs of motion.  