New York Court of Appeals May 4, 1978 (Elliott v. Hirsch)

*815Defendant’s motion to dismiss the plaintiffs "appeal” taken from the order of this court dated November 17, 1977 which dismissed an appeal on the ground of nonfinality, granted and the appeal dismissed, without costs. No appeal lies to this court from such order. [See 43 NY2d 746.]

Plaintiffs motion for leave to proceed as a poor person dismissed as moot.