Majority
p. 917(November 2, 1984) In the Matter of Donald G. Smith, Appellant, v Thomas A. Coughlin, III, as Commissioner of Department of Correctional Services, et al., Respondents.
Motion for permission to proceed as a poor person and for assignment of counsel on appeal from an order, which, inter alia, denied petitioner’s request for a change of venue in a proceeding pursuant to CPLR article 78. Motion denied upon the ground that such order is not appealable as of right (CPLR 5701, subd [b], par 1). Mahoney, P. J., Kane, Casey, Mikoli and Harvey, JJ., concur.