
    Jore Miocic et al., Respondents, v Russell E. Winters et al., Appellants.
    Submitted January 12, 1981;
    decided January 20, 1981
   Motion to dismiss the appeal granted and the appeal dismissed, without costs, upon the ground that the Appellate Division order [66 AD2d 770] granting a new trial, here brought up for review, did not “necessarily affect” the final judgment, as required by CPLR 5601 (subd [d]) (Cohen and Karger, Powers of the New York Court of Appeals, § 79, p 344).

Judge Fuchsberg taking no part.  