On the court’s own motion, the order of January 12, 1967, dismissing the motion for leave to appeal upon the ground of nonfinality (19 N Y 2d 577), is vacated. After further consideration, we conclude the motion is properly before us (CPLR 5602 [a] 2; see Matter of Gladstone, 19 N Y 2d 603, decided January 12, 1967). Pending its determination all further proceedings are stayed.