
    Municipal Service Company, Appellant, v. Town of Colonie, Respondent.
    Submitted February 20, 1961;
    decided March 2, 1961.
    Reported below, 12 A D 2d 22.
    
      
      Carl 0. Olson for motion.
    
      John W. Tabner and Robert P. Heywood opposed.
   Motion dismissed upon the ground that the nonfinal order sought to be appealed from was entered in an action, not a proceeding, and is, therefore, not covered by subdivision 2 of section 589 of the Civil Practice Act.  