Stewart v. New York State Liquor Authority

■without costs. Memorandum: Special Term’s order is not a judgment from' which an appeal could be taken as a matter.o£ right (CPLR 5701, subd. [a], par. 1), but is an. order in an article 78 proceeding (CPLR 5701, subd. ['b], par. 1). from which an appeal máy ‘be taken only by permission of the Justice who made the order or by permission of a Justice- of the Appellate Division (CPLR 5701, subd. [c]; Matter of Vivenzio v. City of Utica, 30 A D 2d 771 ; Matter of Soros v. Board of Appeals, 24 A D 2d 705 ; Matter of Album, v. Anderson, 24 A D 2d 730 ). No such permission was obtained and the appeal must therefore be dismissed. (Appeal from order of Brie Special Term annulling determination of State Liquor Authority and remitting matter.) Present — Goldman, P. J., Witmer, Gabrielli, Moule and Henry, JJi