Opinion
Submitted January 14, 1974
Decided February 13, 1974
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, ABRAHAM J. GELLINOFF, J.
Ralph J. Schwarz, Jr. for motion.
Norman Redlich, Corporation Counsel ( Jesse J. Fine of counsel), and Frank S. Hogan, District Attorney ( Lewis R. Friedman of counsel), opposed.
Motion dismissed, with $10 costs and necessary reproduction disbursements, upon the ground that the nonfinal order sought to be appealed from was entered in an action, not a proceeding, and therefore is not one which comes within the provisions of CPLR 5602 (subd. [a], par. 2).