Opinion
Submitted September 11, 1972
Decided September 28, 1972
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, EDWARD J. GREENFIELD, J.
Norman C. Ryp for motion.
Norman Redlich, Corporation Counsel ( Stanley Buchsbaum and Alfred Weinstein of counsel), Jerome I. Lessne, Richard J. Concannon and William A. Krohley opposed.
Motion dismissed upon the ground that the nonfinal order sought to be appealed from was entered in an action, not a proceeding, and therefore is not one which comes within the provisions of CPLR 5602 (subd. [a], par. 2) (see Ofenloch v. Gaynor, 28 N.Y.2d 806).