Opinion
October 23, 1969
Appeal from the Erie Special Term.
Present — Goldman, P.J., Witmer, Gabrielli, Moule and Henry, JJ.
Appeal unanimously dismissed, without costs. Memorandum: Special Term's order is not a judgment from which an appeal could be taken as a matter of right (CPLR 5701, subd. [a], par. 1), but is an order in an article 78 proceeding (CPLR 5701, subd. [b], par. 1) from which an appeal may be taken only by permission of the Justice who made the order or by permission of a Justice of the Appellate Division (CPLR 5701, subd. [c]; Matter of Vivenzio v. City of Utica, 30 A.D.2d 771; Matter of Soros v. Board of Appeals, 24 A.D.2d 705; Matter of Album v. Anderson, 24 A.D.2d 730). No such permission was obtained and the appeal must therefore be dismissed.