Opinion
November 10, 1987
Appeal from the Supreme Court, Erie County, Kane, J.
Present — Dillon, P.J., Callahan, Doerr, Boomer and Davis, JJ.
Order unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum: The court correctly determined that plaintiff had no right to the relief requested in his complaint. We modify the order, however, by deleting the paragraph granting defendants' cross motion to dismiss plaintiff's complaint, and substituting the provision declaring that "the Buffalo Urban Renewal Agency has the right to require that either plaintiff pay rent of $6,000 per month or vacate the premises" (see, Holliswood Care Center v. Whalen, 58 N.Y.2d 1001, 1004; Powers v. General Acc. Ins. Co., 109 A.D.2d 830).
Plaintiff's appeal from the order directing an evidentiary hearing must be dismissed since there is no appeal as of right from such an order (see, Howell v. Independent Union, 112 A.D.2d 754). The order is otherwise affirmed.