Opinion
July 12, 1985
Appeal from the Supreme Court, Onondaga County, Hayes, J.
Present — Dillon, P.J., Callahan, Doerr, Boomer and Schnepp, JJ.
Appeal unanimously dismissed, without costs. Memorandum: An appeal from a nonfinal intermediate order in a CPLR article 78 proceeding does not lie as a matter of right (CPLR 5701 [b] [1]). Such an appeal is authorized only upon permission of the Judge who made the order or from a Justice of the Appellate Division (CPLR 5701 [c]). Since no permission to appeal has been sought or granted, this appeal must be dismissed ( Matter of Steele v. City of Buffalo Dept. of Community Dev., 86 A.D.2d 754; Matter of Wallace v. Wyandanch Union Free School Dist., 58 A.D.2d 813; Cirasole v. Simins, 48 A.D.2d 795; Hawley v. Town of Aurora, 41 A.D.2d 588). Were we to reach the merits, however, we would affirm for reasons stated in the decision at Special Term (Hayes, J.) ( see also, Traver v. City of Poughkeepsie, 108 A.D.2d 18).