Opinion
Submitted September 10, 1973
Decided September 20, 1973
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, JOSEPH A. BRUST, J.
Herbert Rubin and Bernard J. Wald for motion.
Louis J. Lefkowitz, Attorney-General ( Samuel A. Hirshowitz, Mark T. Walsh and Michael S. Kraft of counsel), opposed.
Motion dismissed upon the ground that the nonfinal order sought to be appealed from was entered in an action, not a proceeding, and is, therefore, not covered by CPLR 5602 (subd. [a], par. 2).