Majority
p. 665State of New York ex rel. Patricia A. Wallace, Respondent, v George Lhotan et al., Appellants, and James M. Shuart, as Commissioner of the Department of Social Services of the County of Nassau, Respondent.
In a habeas corpus proceeding, the appeal is from an order of the Supreme Court, Nassau County, dated December 23, 1974, which denied a motion to dismiss the proceeding or, in the alternative, for a stay. Appeal dismissed, without costs. No appeal lies from an intermediate order in a habeas corpus proceeding (CPLR 7011; People ex rel. Tatra v McNeill, 19 AD2d 845 ). If the
p. 666
issues were before us on the merits, we would affirm. Martuscello, Acting P. J., Latham, Cohalan, Christ and Shapiro, JJ., concur.