- Appeal dismissed, without costs, on the ground that the order is not appealable. (Civ. Prac. Act, § 1304.) All concur. (The order denies defendants’ motion for a dismissal of the petition and orders a reference of a disputed fact on a motion for an order directing the town board to audit petitioner’s claim for legal services and cross-motion for a dismissal of petition.) Present — Crosby, P. J., Taylor, Dowling, Harris and MeCurn, JJ.