Opinion
Argued May 2, 1985
Decided May 30, 1985
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, William M. Erlbaum, J.
John G. Koeltl, James C. Goodale, John S. Kiernan, Susan D. Charkes, Katherine P. Darrow and George Freeman for appellant.
H. Spencer Kupperman and Christopher K. Sowers for John McLoughlin, respondent.
Appeal dismissed upon the ground that the order appealed from was entered in a criminal action with respect to a motion determined by the Criminal Court of the City of New York, a court of criminal jurisdiction, and is not an order appealable to the Court of Appeals under CPL 450.90 ( compare, Matter of Hynes v Karassik, 47 N.Y.2d 659, 661, n 1, dealing with a matter determined by Supreme Court, a court having both civil and criminal jurisdiction).
Concur: Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE and KASSAL. Taking no part: Judges ALEXANDER and TITONE.