
    Erwin Balduan, Appellant, v. Frank Contey, Respondent.
    (Submitted May 9, 1927;
    decided May 17, 1927.)
    
      Appeal — intermediate order — motion to dismiss appeal without permission to Court of Appeals granted.
    
    
      Balduan v. Contey, 220 App. Div. 336, appeal dismissed.
    Motion to dismiss an appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 22, 1927, which reversed an order of Special Term denying a motion by defendant to vacate a judgment taken against him by default on the ground that the summons had never been served and granted said motion.
    The motion was made upon the ground that the order appealed from was not a final order and that permission to appeal had not been obtained.
    
      Louis W. Stotesbury for motion.
    
      Herman Hoffman opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion.  