Majority
p. 1017In the Matter of Howard J. Diller, on behalf of James Shelton, Petitioner, v Martin Evans et al., Respondents.
— Application for a writ of mandamus (denominated a writ of prohibition in the moving papers), deemed to be one for leave to appeal to this court from the denial of a postjudgment motion, and said application referred to Justice Sidney H. Asch for hearing and determination. [See 96 AD2d 1017.] Concur — Sandler, J. P., Asch, Silverman, Bloom and Kassal, JJ.