Opinion
Argued February 18, 1981
Decided February 26, 1981
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, FREDERICK B. BRYANT, J.
Thomas E. Reilly for respondent-appellant.
Henry Valent for appellants-respondents.
Frederick Goldfeder and Darrell W. Harp for Commissioner of Transportation of the State of New York, amicus curae.
On respondents' appeal: Judgment appealed from and order of the Appellate Division brought up for review affirmed, with costs, for reasons stated in the memorandum at the Appellate Division ( 68 A.D.2d 967).
On petitioner's appeal: Appeal dismissed, without costs, on the ground that petitioner has no right to appeal under CPLR 5601 (subd [d]), inasmuch as he was not aggrieved by the prior order of the Appellate Division brought up for review (CPLR 5511).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.