
    In the Matter of the Town of Highlands et al., Respondents, v. King J. Weyant et al., Constituting the Board of Trustees of the Village of Highland Falls, et al., Appellants.
    Argued June 5, 1972;
    decided July 7, 1972.
    
      
      Howard C. Nolan, Jr. and Roland M. Cavalier for appellants.
    
      Myron I. Mandel and William J. Haft for respondents.
   Appeal dismissed, without costs. There has been no prior trial in this case and, therefore, the order appealed from, directing a trial of the issues, cannot qualify as an order granting a new trial from which an appeal may be taken to this court upon a stipulation for judgment absolute. (N. V. Const., art. VT, § 3, subd. b, par. [3]; CPLR 5601, subd. [c]; see Cohen and Karger, Powers of the New York Court of Appeals, pp. 283-284.)  