Opinion
May 27, 1994
Appeal from the Supreme Court, Cayuga County, Corning, J.
Present — Denman, P.J., Green, Balio, Wesley and Davis, JJ.
Appeal unanimously dismissed. Memorandum: An appeal from a nonfinal intermediate order in a CPLR article 78 proceeding does not lie as of right (CPLR 5701 [b] [1]; see, Matter of Zeller v Board of Educ., 189 A.D.2d 877; Matter of Luebbe v. Town of Brookhaven Zoning Bd. of Appeals, 120 A.D.2d 731; Hawley v. Town of Aurora, 41 A.D.2d 588). Such an appeal is authorized only upon permission of the Judge who made the order or from a Justice of the Appellate Division (see, CPLR 5701 [c]; see also, Matter of Driscoll v. Department of Fire, 112 A.D.2d 751). Here, no permission has been sought. Moreover, it would be inappropriate to grant permission where, as here, Supreme Court remitted the matter to the New York State Board of Parole to make a new determination.