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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
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 in Matter of Tilden (98 N. Y. 434) is hereby overruled. No opinion. Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Thacher, Dye and Fuld, JJ.