Ofenloch v. Gaynor — 28 N.Y.2d 806

Majority

p. 806

Gerard J. Ofenloch et al., Respondents, v. Edward J. Gaynor, as Director, Department of Buildings and Zoning of the Town of Oyster Bay, et al., Respondents, and Dalebass Realty, Inc., et al., Appellants.

Submitted March 15, 1971;

decided April 8, 1971.

p. 807

Seymour H. Kligler for motion.

William Merritt opposed.

Motion dismissed upon the ground that the nonfinal order sought to be appealed from was entered in an action, not a proceeding, and is, therefore, not covered by CPLR 5602 (subd. [a], par. 2).