Opinion
Submitted January 2, 1973
Decided January 11, 1973
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, IRWIN D. DAVIDSON, J.
Anthony L. Tersigni for motion.
Herbert Kramer opposed.
Motion granted to the extent that the appeal is dismissed, with costs and $10 costs of motion, upon the ground that it does not lie as of right (CPLR 5601).