Opinion
Submitted December 29, 1997
Decided April 2, 1998
Motion, insofar as it seeks leave to appeal against respondent Galveston Wharves from the Appellate Division order that affirmed Supreme Court's April 5, 1996 order, denied; motion for leave to appeal otherwise dismissed upon the grounds (1) that appellant has failed to establish timeliness as required by section 500.11 (d) (1) (iii) of the Rules of the Court of Appeals ( 22 NYCRR 500.11 [d] [1] [iii]) with respect to the January 12, 1995 Appellate Division order granting in part and denying in part an article 78 petition in the nature of mandamus ( see, 211 A.D.2d 477), (2) that appellant has already sought leave to appeal from the Appellate Division orders entered on May 14, 1987 ( see, 130 A.D.2d 986) and May 1, 1990 ( see, 161 A.D.2d 129), and (3) that the remaining Appellate Division orders sought to be appealed from do not finally determine the action within the meaning of the Constitution ( see, 240 A.D.2d 323; 214 A.D.2d 306).
Judge SMITH taking no part.