The appellant presents for our consideration a doubtful and serious question which we are unable to determine, for the reason that the form of the order does not enable us to assume jurisdiction. (Caponigri v. Altieri, 164 N. Y. 476; Wright v. Smith, 209 N. Y. 249.)

The appeal must be dismissed, with costs.

Willard Bartlett, Ch. J., Hiscock, Chase, Cuddeback, Hogan, Cardozo and Pound, JJ., concur.

Appeal dismissed.