
    Marie E. Smith, Respondent, v. Bernard Tobias, Appellant.
    Submitted May 17, 1943;
    decided May 27, 1943.
    
      Archibald, Palmer for motion.
    
      Henry A. Friedman opposed.
   ' Motion denied, with ten dollars costs, on the ground that the order of the Appellate Division, from which the appeal is taken, does not finally determine the action or special proceeding within the meaning of the Constitution. (See 290 N. Y. 874.)  