Majority
p. 1009In the Matter of Robert E. Dizek, Appellant, v James Racette et al., Respondents.
— Motion to restore an appeal previously withdrawn and discontinued by consent, or, in the alternative, to “so order” a stipulation of settlement, denied, without costs. Application for relief pursuant to CPLR article 78 denied upon the ground such application must be instituted before a Special Term of Supreme Court (CPLR 7804, subd [b]). Mahoney, P. J., Sweeney, Yesawich, Jr., Weiss and Levine, JJ., concur.