Majority
p. 729Mark J. Gerard, Respondent-Appellant, v William G. Barry et al., Constituting the New York State Racing and Wagering Board, Appellants-Respondents. Decided April 6, 1978
Appeal and cross appeal dismissed, without costs, by the Court of Appeals sua sponte, upon the grounds that (1) no party is aggrieved by the modification at the Appellate Division (CPLR 5601, subd [a], par [iii]), and (2) insofar as the Appellate Division order denies petitioner’s cross motion made pursuant to CPLR 5518, it does not finally determine the proceeding within the meaning of the Constitution.