
    Donald J. Jones et al., Appellants, v Town of Carroll et al., Respondents.
    Submitted May 4, 2009;
    decided June 11, 2009
   Motion for leave to appeal dismissed upon the ground that the Appellate Division order does not finally determine the action within the meaning of the Constitution, and the so ordered stipulation does not qualify as a final judgment within the meaning of CPLR 5602 (a) (1) (ii) to bring up for review the prior nonfinal Appellate Division order because it was entered into without prejudice.

Judge Pigott taking no part.  