Opinion
Submitted February 4, 1980
Decided March 27, 1980
Motion to dismiss the appeal herein granted and the appeal dismissed, without costs, upon the ground that plaintiff, having acquiesced in the determination of the Appellate Division [ 53 A.D.2d 540] by seeking leave to replead, may not seek review of that determination on this appeal pursuant to CPLR 5601 (subd [d]) (Cohen and Karger, Powers of the New York Court of Appeals, § 96).