Opinion
Submitted March 3, 1986
Decided April 1, 1986
Motion for leave to appeal dismissed. Dismissal of the appeal taken as of right for lack of prosecution was a determination on the merits of all claims which could have been litigated had that appeal been timely argued or submitted (see, Matter of Crescenzi, 64 N.Y.2d 774).
Judge HANCOCK, JR., taking no part.