Majority
p. 945(February 4, 1985) In the Matter of C. James Lombardi, Jr., Appellant, v Thomas A. Coughlin, III, as Commissioner of New York State Department of Corrections, et al., Respondents.
Motion for permission to proceed as a poor person with assignment of counsel on appeal from an order in a proceeding pursuant to CPLR article 78 vacating so much of a prior order which prohibited respondents from transferring petitioner from one correctional facility to another. Motion denied on the ground that such order is not appealable as of right and permission to appeal has not been granted (see, CPLR 5701 [b] 1; [c]). Mahoney, P. J., Kane, Weiss, Yesawich, Jr., and Harvey, JJ., concur.