Vivenzio v. City of Utica

Appeal unanimously dismissed, with costs to respondents. Memorandum: In this article 78 proceeding an order was entered February 27, 1968 determining that seven stated issues of fact exist for trial and a further order was entered March 12, 1968 denying appellants’ motion to strike certain paragraphs of the petition as scandalous, prejudicial, irrelevant and immaterial and for judgment dismissing the petition upon various grounds founded upon submitted documentary evidence, and appellants appeal from both of said orders. CPLR 5701 provides in part as follows: “ (b) Orders not appealable as of…