New York Court of Appeals August 27, 1998 (MATTER OF BENTLEY v. Demskie)

On the Court’s own motion, appeal, insofar as taken from-

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that part of the Appellate Division order which affirmed the dismissal of appellant’s motion for summary judgment and default judgement, dismissed, without costs, upon the ground that that part of the order sought to be appealed from does not finally determine the proceeding within the meaning of the Constitution; appeal otherwise