Opinion
Decided March 27, 1984
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, Robert M. Quigley, J.
John J. Keigher for appellants.
Robert Abrams, Attorney-General ( Peter J. Dooley and Peter H. Schiff of counsel), for respondent.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), orders of reversal affirmed, with costs, for the reasons stated in the memoranda at the Appellate Division ( 96 A.D.2d 1139, 1140). The Appellate Division order dismissing claimant's appeal from the nonfinal Court of Claims order dated September 27, 1982 is treated as one of affirmance (see, e.g., Matter of Town of Islip [ Mascioli], 49 N.Y.2d 354, 358, n 1); and the appeal from that order is dismissed upon the ground that the order does not finally determine the action within the meaning of the Constitution.
Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE.