
    Dean Construction Company, Inc., et al., Respondents, v. Agricultural Insurance Company et al., Defendants, and Empire Mutual Insurance Company, Appellant.
    Submitted October 25, 1965;
    decided October 28, 1965.
    
      
      Richard Rodwin, Harry Rodwin and Jacques R. Gelin for motion for leave to appeal and motion for stay and opposed to motion to dismiss appeal.
    
      Leo Fixler for motion to dismiss appeal and opposed to motion for leave to appeal and motion for stay.
   Motion for leave to appeal dismissed upon the ground that the order of the Appellate Division affirming the Special Term’s order is not a final order (see CPLR 5601, 5602 and 5611; Cohen and Karger, Powers of the New York Court of Appeals, §36 [c]).

Motion for stay denied. Defendant-appellant need not furnish the further bond referred to in the order to show cause granting a temporary stay.

Motion to dismiss appeal taken as of right granted and appeal dismissed.  