Opinion
Submitted April 27, 1970
Decided May 28, 1970
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, CARLTON A. FISHER, J.
Charles E. Milch for motion.
Michael Beilewech, Jr. and Mario C. Gambacorta opposed.
Motion to dismiss appeal taken by the Buffalo General Hospital denied.
Motion to dismiss appeal taken by the Commissioner of Social Welfare, Erie County, granted and that appeal dismissed without costs upon the ground that the commissioner is not a "party aggrieved" by the Appellate Division modification (CPLR 5601, subd. [a], par. [iii]), without prejudice to the filing of an application, pursuant to CPLR 5602 (subd. [a], par. 1, cl. [i]), for leave to appeal by the commissioner, if so advised.
Motion to dismiss for failure to comply with rule II [22 N.Y.CRR 500.2] of the court denied as inappropriate (see rules II [22 N.Y.CRR 500.2] and VI [22 N.Y.CRR 500.6] of the Rules of the Court of Appeals).