Opinion
Argued May 1, 1972
Decided June 7, 1972
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, HENRY W. LENGYEL, J.
Louis J. Lefkowitz, Attorney-General ( Henderson G. Riggs, Ruth Kessler Toch and Joseph A. Romano of counsel), for appellant.
John L. Bell for respondent.
Appeal dismissed, without costs, on the ground that the prior order of the Appellate Division was not one which necessarily affected the final judgment sought to be appealed by the State. (CPLR 5601, subd. [6]; see Karell Realty Corp. v. State of New York, 29 N.Y.2d 935, 936; Buffalo Elec. Co. v. State of New York, 14 N.Y.2d 453, 459-460; see, also, Cohen and Karger, Powers of the New York Court of Appeals, § 73, p. 317.)