
    Jacob M. Shapiro, Appellant, v Aetna Casualty and Surety Company, Respondent, et al., Defendant.
    Submitted January 28, 1980;
    decided February 20, 1980
   Motion to dismiss the appeal herein granted and the appeal dismissed, with costs and $20 costs of motion, upon the ground that the order appealed from does not finally determine the action within the meaning of the Constitution (see Cohen and Karger, Powers of the New York Court of Appeals, § 39).  