Opinion
Submitted April 8, 1974
Decided May 8, 1974
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, PATRICK J. PICARIELLO, J.
Michael D. Kaufman for motion and opposed to cross motion.
Joseph Delman opposed to motion and for cross motion.
Motion dismissed as academic.
Cross motion granted and appeal dismissed, without costs, upon the ground that the appeal does not lie as of right since the action originated in a court other than one specified in CPLR 5601 (subd. [a]) and no constitutional question is directly involved (N.Y. Const., art. VI, § 3, subd. b, par. [7]; CPLR 5601, subd. [b], par. 1).