
    In the Matter of the Estate of Arthur O. Dietz, Deceased. Dorothy I. Dietz, Respondent; Wilbur H. Friedman et al., Respondent; David A. Dietz, Appellant.
    Submitted November 1, 1971;
    decided January 6, 1972.
    
      Noel W. Hauser and Leonard Hochheiser for motion.
    
      Leon Hershbaum opposed.
   Motion dismissed upon the grounds (1) that no appeal lies from the order sought to be appealed from insofar as it affirms the decree entered upon default (CPLR 5511) and (2) that the order sought to be appealed from does not finally determine the proceeding within the meaning of the Constitution insofar as it affirms the order denying the motion to vacate the default (Presti v. City of New York, 13 N Y 2d 928).  