
    Vincent Murphy, Appellant, v. Eugene Murphy, Respondent.
    Supreme Court, Appellate Term, Second Department,
    November 25, 1958.
    
      Victor N. Pacor for appellant.
    
      Harold A. Coven for respondent.
   Per Curiam.

Appeal from order denying plaintiff’s motion to vacate dismissal of action and for entry of judgment under terms of stipulation, dismissed. The order is not appealable (N. Y. City Mun. Ct. Code, § 154). This is without prejudice to the right of entry of judgment upon the dismissal of the action in the court below and such proceedings with respect thereto as either party may be advised.

Concur — Pette, Di Gtovanna and Brown, JJ.

Appeal dismissed, etc.  