Opinion
May 9, 1994
Appeal from the Supreme Court, Suffolk County (Jones, J., Newmark, J.).
Ordered that the appeal from the decision is dismissed, as no appeal lies from a decision (see, Schicchi v. Green Constr. Corp., 100 A.D.2d 509); and it is further,
Ordered that the appeal from the order is dismissed, as no appeal lies of right from an intermediate order in a proceeding pursuant to CPLR article 78, and because no appeal lies from an order denying renewal on a decision (see, DeFalco v. JRS Confectionary, 118 A.D.2d 752); and it is further,
Ordered that the judgment is affirmed; and it is further,
Ordered that the respondents are awarded one bill of costs.
We find that the evidence submitted by the petitioners failed to meet the threshold requirements to establish a violation of the prohibition against out-of-title work. Therefore, the petitioners failed to establish a violation of the Civil Service Law § 61 (2) (see, Matter of Sheridan v. Kennedy, 8 N.Y.2d 794; Matter of Gates Keystone Club v. Roche, 106 A.D.2d 877; Matter of Clifford v. Police Comm'r of City of N.Y., 2 A.D.2d 674).
We have examined the petitioners' remaining contentions and find them to be without merit. Thompson, J.P., Sullivan, Ritter and Friedmann, JJ., concur.