Opinion
Submitted September 11, 1972
Decided September 28, 1972
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, HAROLD E. SIMPSON, J.
James E. Personius, Louis J. Mustico and Ralph S. Cramer for motion.
M. Bates Davidson opposed.
Motion denied upon the ground that an appeal lies as of right (CPLR 5601, subd. [a], par. [iii]; Gambold v. MacLean, 254 N.Y. 357, 362; Cohen and Karger, Powers of the New York Court of Appeals, § 50).