
    United States Trust Company of New York as Substituted Trustee under the Will of John R. Peters, Deceased, Respondent, v. Marie L. de Chefdebien, Appellant, and De Witt C. Peters, Respondent, Impleaded with Others.
    Reported below, 180 App. Div. 186.
    (Argued April 22, 1918;
    decided April 30, 1918.)
    Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 26, 1917, which modified and affirmed as modified a judgment of Special Term in an action for an accounting and to obtain a construction of the will of John R. Peters, deceased.
    The motion was made upon the ground that the judgment appealed from was not a final judgment and that permission to appeal had not been obtained.
    
      John De Witt Warner for motion.
    
      Achilles H. Kohn and William H. Milholland for respondent.
   Motion denied, with ten dollars costs.  