Majority
p. 732In the Matter of Benson Realty Corp., on Its Own Behalf and on Behalf of All Others Similarly Situated, Appellant, v Albert A. Walsh, as Administrator of the Housing and Development Administration of New York City, et al., Respondents. Submitted October 17, 1977; decided November 21, 1977
Motion to dismiss the appeal taken as of right herein granted and the appeal dismissed, without costs, upon the ground that the order appealed from does not finally determine the proceeding within the meaning of the Constitution (Cohen and Karger, Powers of the New York Court of Appeals, § 43, subd [d]).