Driscoll v. Department of Fire

Appeal unanimously dismissed, without costs. Memorandum: An appeal from a nonfinal intermediate order in a CPLR article 78 proceeding does not lie as a matter of right (CPLR 5701 [b] [1]). Such an appeal is authorized only upon permission of the Judge who made the order or from a Justice of the Appellate Division (CPLR 5701 [c]). Since no permission to appeal has been sought or granted, this appeal must be dismissed (Matter of Steele v City of Buffalo Dept. of Community Dev., 86 AD2d 754 ; Matter of Wallace v Wyandanch Union Free School Dist., 58 AD2d 813 ; Grasole v Simins, 48 AD2d 795 ; Hawley v Town of Aurora, 41 AD2d 588 ). Were we to reach the merits, however, we would affirm for reasons stated in the decision at Special Term (Hayes, J.) (see also, Traver v City of Poughkeepsie, 108 AD2d 18 ). (Appeal from judgment of Supreme Court, Onondaga County, Hayes, J. — art 78.) Present — Dillon, P. J., Callahan, Doerr, Boomer and Schnepp, JJ.