
    Octavius Vizzi et al., Plaintiffs, v. Town Board of the Town of Islip, Defendant. Octavius Vizzi et al., Respondents, v. Town of Islip, Appellant.
    (Action No. 1.) '
    (Action No. 2.)
    Submitted February 11, 1974;
    decided May 8, 1974.
    Reported below, 43 A D 2d 567.
    
      Lawrence E. Strear for motions.
    
      Eugene E. Kelly opposed.
   Motions granted and appeals dismissed, without costs. Treating the appeal from the judgment as one pursuant to CPLR 5601 (subd. [d]), the order brought up for review presents only issues which are moot. Treating the appeal from the judgment as one pursuant to CPLR 5601 (subd. [b], par. 2), the constitutional validity of a statutory provision is not the only question involved on the appeal. The order of the Appellate Division does not finally determine the action within the meaning of the Constitution.  