Opinion
Submitted April 16, 1979
Decided June 5, 1979
On the court's own motion, appeal taken by plaintiff dismissed, without costs, upon the ground that the modification at the Appellate Division is not in a "respect, which is within the power of the Court of Appeals to review" (CPLR 5601, subd [a], par [iii]; see Patron v Patron, 40 N.Y.2d 582). Motion by defendant for leave to appeal denied. Motion to require defendant to post an undertaking dismissed as academic.