Opinion
Submitted September 10, 1979
Decided October 25, 1979
Permission to withdraw motion to dismiss appeal granted.
On the court's own motion: defendant's appeal pursuant to CPLR 5601 (subd [d]) dismissed, without costs, upon the ground that defendant is not an aggrieved party (see CPLR 5511); plaintiff's cross appeal dismissed, without costs, upon the ground that plaintiffs have an appeal pending in the Appellate Division from the judgment here sought to be appealed. (See Parker v Rogerson, 35 N.Y.2d 751.)