Matter of Eitingon

296 N.Y. 842 | NY | 1947

Appeal dismissed, without costs. An order or decree of a Surrogate's Court vacating a prior decree in an accounting proceeding, and ordering or contemplating further proceedings on the account, is not a final order in a special proceeding within the meaning of the Constitution. Anything to the contrary inMatter of Tilden (98 N.Y. 434) is hereby overruled. No opinion.

Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, THACHER, DYE and FULD, JJ.