Opinion
Submitted May 8, 1972
Decided June 1, 1972
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JOHN C. MARBACH, J.
Edward F.X. Ryan Jr. for respondents.
Frank H. Connelly, Jr. for appellant, not opposed to motion.
Motion granted and appeal dismissed, with costs and $10 costs of motion, upon the ground that the order appealed from is not appealable to the Court of Appeals as a matter of right (N Y Const., art. VI, § 3, subd. b, par. [7]; Matter of Perfection Tech. Servs. Press [ Cherno-Dalecar Realty Corp.], 16 N.Y.2d 958).