Argued October 12, 1976 Decided December 22, 1976 Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, GEORGE STARKE, J. W. Bernard Richland, Corporation Counsel (James G. Greilsheimer and L. Kevin Sheridan of counsel), New York City, for appellant. Frederick R. Livingston, Jay W. Waks and William C. Zifchak, New York City, for respondent. Louis J. Lefkowitz, Attorney-General (George D. Zuckerman and Samuel A. Hirshowitz of counsel), New York City, for intervenor
(a) On its own motion, the court may review selected appeals by an alternative procedure. Such appeals shall be determined on the intermediate appellate court record or appendix and briefs, the writings in the courts below and additional letter submissions on the merits. The clerk of the court shall notify all parties by letter when an appeal has been selected for review pursuant to this section. Appellant may request such review in its preliminary appeal statement. Respondent may request such review