Opinion
Submitted February 10, 1972
Decided February 18, 1972
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.
Henry Spitz, Lawrence Kunin and Alan J. Saks for appellant.
No appearance for respondents.
Appeal dismissed, without costs. This proceeding brought by the State Division of Human Rights as an original application in the Appellate Division pursuant to section 298 of the Executive Law to enforce an order against respondents is not a review by the Appellate Division of an administrative order within CPLR 5601 (subd. [a]). It is a direct proceeding under section 298 to enforce the division's order, and not a review of an administrative determination under alternative provisions of section 298. Therefore, this court is without jurisdiction of an appeal not involving a constitutional question from a denial of enforcement, absent dissent or permission to appeal granted either by the Appellate Division or by this court.