Court of Appeals for the Second Circuit September 28, 1987, 1247, Docket 87-7217 (H & S Plumbing Supplies, Inc., and Bahia Mahmet Bin Chambi v. Bancamerica Commercial Corp., the State of New York, Intervenor)

JON O. NEWMAN, Circuit Judge:

This purported appeal from an order of the District Court for the Southern District of New York (Kevin Thomas Duffy, Judge) seeks to have this Court rule that the notice of pendency provisions of New York law, N.Y.Civ.Prac.L.

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R. §§ 6501 to 6515 (McKinney 1980), are unconstitutional. We conclude that the order is not appealable, and we therefore dismiss the appeal.