
    In the Matter of the Application of the State Commission of Prisons, Appellant, against Board of Supervisors of the County of Nassau, Respondent.
    
      Appeal — order of Appellate Division vacating prior order and remitting proceeding to referee — appeal therefrom, without permission, dismissed. Matter of State Commission of Prisons, 193 App. Div. 903, appeal dismissed.
    (Argued November 16, 1920;
    decided November 30, 1920.)
    Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered July 9, 1920, which vacated and set aside a prior order of said Appellate Division and remitted the proceeding to a referee for further proceedings and proof. The respondent contended that the order appealed from was not a final order determining the proceeding and that since permission to appeal had not been obtained the appeal should be ■dismissed.
    
      Charles D. Newton, Attorney-General (Henry C. Henderson of counsel), for appellant.
    
      Henry A. Uterhart and Stewart McKnight for respondent.
   Appeal dismissed, with costs; no opinion.'

Concur: Collin, Hogan, Cardozo, Pound, Crane and Andrews, JJ. Not voting: His cock, Ch. J.  