
    Andrew S. Wright, Respondent, v. Benjamin P. Deniston and John C. Shaw, Appellants.
    Appeal from an order made at Special Term, directing compliance with certain terms of a judgment at equity term, as an alternative to the defendants Shaw and Cuthbert being adjudged in contempt.
    
      Gratz Nathan and John C. Shaw, for appellants.
    
      Charles B. Meyer, for respondent.
   Giegerich, J.

Appellant Deniston claimed that the order appealed from affected a substantial right, in that it required a transfer to plaintiff of the certificate deposited with the clerk, this transfer being an essential part of the relief granted to plaintiff, as against appellants, by the judgment appealed from.

The rights of Shaw and Cuthbert, the parties affected personally by the order, are not before us for determination; the ■appeal as to the former having been dismissed upon the argument, and the latter having failed to appeal. The defendant Deniston was not a party to the proceeding in which this -order was made, but points of distinction between the present ■case and that of Ross v. Wigg, 100 N. Y. 246, may be found in viewxff the nature of this appellant’s interest. Be that as it may, our affirmance of the judgment in this action conidudes discussion as to the substantial right claimed to have been affected, and examination into the merits of the order would in no event be of beneficial effect to appellant.

The appeal should be dismissed, without costs.

Daly, Ch. J., and Pryor, J., concur.

Appeal dismissed, without costs.  