Opinion
March 4, 1971
Judgment (erroneously denominated an order), Supreme Court, Bronx County, entered on October 21, 1970, which dismissed the petition in this article 78 proceeding, unanimously affirmed, without costs and without disbursements. As conceded by the respondent on the oral argument of the appeal, this determination is without prejudice and not on the merits of the controversy between the parties, which can be determined in other litigation which they have pending.
Concur — Capozzoli, J.P., McGivern, Markewich, Nunez and Kupferman, JJ.