Appeal dismissed, without costs, upon the ground that the order appealed from does not finally determine the proceeding within the meaning of the Constitution. An appeal does not lie upon a stipulation for judgment absolute from an order granting a trial or hearing in the first instance, as distinguished from an order granting a "new trial or hearing" (CPLR 5601, subd. [c]; Cohen and Karger, Powers of the New York Court of Appeals...
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