Majority
p. 814Angelo R. Carucci, Appellant, v City of Utica et al., Respondents. Submitted April 3, 1978; decided May 4, 1978
On the court’s own motion, appeal taken as of right dismissed, without costs, upon the ground that the modification at the Appellate Division is not in a respect which is within the power of the Court of Appeals to review (CPLR 5601, subd [a], par [iii]).
Motion for leave to appeal denied, with $20 costs and necessary reproduction disbursements.