Appeal dismissed, without costs. Neither the Commissioner nor the Appellate Division made any determination of the issue as to whether the granting of'the license applied for would tend to a destructive competition in a market adequately served (Agriculture and Markets Law, § 258-c). Hence the order does not finally determine the proceeding within the meaning of the Constitution. (Cf. Matter of Rochester Gas & Electric Corp. v. Maltbie, 298 N. Y. 103.) No opinion.