Opinion
Submitted May 6, 1977
Decided June 9, 1977
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JAMES R. CARUSO, J.
Paul M. Rosen and Andrew J. Natale, Jr., for appellant.
Carl A. Vergari, District Attorney (Janet Cunard and B. Anthony Morosco of counsel), for respondent.
Order reversed and the case remitted to the Appellate Division, Second Department, with directions to dismiss the appeal to that court (People v Brown, 40 N.Y.2d 381; United States v Martin Linen Supply Co., 430 U.S. 564.
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.