Opinion
Submitted July 17, 1978
Decided September 14, 1978
Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution (Matter of Toro v Malcolm, 42 N.Y.2d 822; Matter of Steele v Board of Educ., 40 N.Y.2d 846; Matter of Clayton v Board of Educ., 40 N.Y.2d 842) and, since it was not entered in a "proceeding", does not come within the special class of nonfinal orders appealable by permission of the Court of Appeals under CPLR 5602 (subd [a], par 2) (Grace Co. v State Univ. Constr. Fund, 41 N.Y.2d 943; Regenbogen v Rent Stabilization Assn. of N.Y.C., 31 N.Y.2d 668; Ofenloch v Gaynor, 28 N.Y.2d 806).