MATTER OF EITINGON, 296 N.Y. 842 (1947)

73 N.E.2d 119

In the Matter of the Petition of ROSE EITINGON. In the Matter of the Accounting of MOTTY EITINGON et al., as Surviving Trustees of a Trust for ROSE EITINGON. MOTTY EITINGON et al., Individually and as Executors and Trustees, Appellants; ROSE EITINGON et al., Respondents.

Court of Appeals of the State of New York.Argued January 7, 1947
Decided February 20, 1947

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Appeal from the Supreme Court, Appellate Division, First Department, DELEHANTY, S.

Monroe Goldwater, George P. Halperin, Daniel Katz and Eugene V. Weissman for Motty Eitingon et al., individually, appellants.

Arthur Garfield Hays and James R. Cherry for Motty Eitingon et al., as executors of Solomon Schild, deceased, appellants.

Kenneth J. Mullane and William T. Griffin for Rose Eitingon Field, respondent.

Morris J. Bricker and Samuel Levy, special guardians for Joan Goldstein and another, respondent.

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 i Matter of Tilden (98 N.Y. 434) is hereby overruled. No opinion.

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

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