Opinion
Submitted October 27, 1969
Decided October 29, 1969
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, WILLIAM G. HEFFRON, J.
William J. Cunningham, Jr. and Michael T. Sullivan, Jr. for motion.
Michael F. Dillon, District Attorney ( Peter J. Notaro of counsel), opposed.
Motions dismissed as inappropriate. The questions as to whether this proceeding commenced pursuant to the Code of Criminal Procedure is civil or criminal in nature, and, if criminal, as to whether a further appeal is validly restricted by the Code of Criminal Procedure (§ 517-a, subd. 7) are reserved for presentation of arguments on the appeal herein. If appellants are so advised, they may proceed to appeal both as of right on constitutional grounds and by applying for a certificate pursuant to section 520 of the Code of Criminal Procedure. Case set down for argument at the session of this court commencing on November 24, 1969.