Opinion
October 23, 1969
Appeal from the Monroe Special Term.
Present — Marsh, J.P., Gabrielli, Moule, Bastow and Henry, JJ.
Judgment unanimously affirmed, without costs. Memorandum: This proceeding should have been transferred to this court in the first instance pursuant to CPLR 7804 (subd. [g]). ( Matter of United States Tube Foundry Co. v. Feinberg, 7 A.D.2d 591, 595.) Even though it was not, we may treat it as if it were properly transferred. ( Matter of Wignall v. Fletcher, 277 App. Div. 828; Matter of Continental Term. Operating Corp. v. Thompson, 16 A.D.2d 952.)