MULLIGAN, Circuit Judge:
This is an appeal from an order of the United States District Court for the Southern District of New York, Hon. Gerard L. Goettel, denying the defendant's motion to dismiss the complaint. The plaintiff has moved this court to dismiss this appeal pursuant to Fed.R.App.P. 27 on the ground that the order appealed from is not a final order. We grant the motion to dismiss and therefore do not reach the merits of the appeal.
I
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