Opinion
Submitted September 14, 1970
Decided October 8, 1970
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, CHARLES J. BECKINELLA, J.
Richard J. Burke for motion.
Benjamin H. Siff opposed.
Motion to dismiss appeal taken as of right by Rosalyn Stewart granted and appeal dismissed, with costs and $10 costs of motion, upon ground that said appellant was not aggrieved by the Appellate Division modification (CPLR 5601, subd. [a], par. [iii]). Appellant may, if she is so advised, move for leave to appeal upon appropriate papers (Rules of Practice of Court of Appeals, rules I, IX, subd. [a] [22 N.Y.CRR 500.1, 500.9 (a)]) within the statutory time period (CPLR 5514, subd. [a]).