
    Hope N. Gardner, Respondent, v. R. J. Le Boeuf, Jr., et al., Constituting the Board of Trustees of the Incorporated Village of Old Westbury, Appellants.
    Submitted November 16, 1959;
    decided November 25, 1959.
    
      
      Philip Huntington and J. Oakey McKnight for motion.
    
      Henry Root Stern, Jr., opposed.
   Motion dismissed, with $10 costs and necessary printing disbursements, upon the ground that the nonfinal order sought to be appealed from was entered in an action, not a proceeding, and is, therefore, not covered by subdivision 2 of section 589 of the Civil Practice Act.  