Opinion
March 28, 1968
Motion by respondent, pursuant to CPLR 5701 (subd. [c]) for leave to appeal to this court from an intermediate order in an article 78 proceeding which "remitted the proceeding to respondent in order that a new hearing may be held if deemed advisable". Under CPLR 5701 (subd. [c]), a motion for leave to appeal to this court must be made to an individual Justice of this court ( Matter of Various Tenants of 790 Riverside Drive v. Gabel, 24 A.D.2d 848; Matter of 128 Rest. v. State Liq. Auth., 24 A.D.2d 849; Fisk v. Shattuck Denn Mining Corp., 28 A.D.2d 992). Accordingly, this motion was referred to Justice Louis J. Capozzoli, an Associate Justice of this court, who granted the motion.
Concur — Stevens, J.P., Eager, Steuer, Capozzoli and Tilzer, JJ.