Majority
p. 822Decided September 14, 1978
In the Matter of Dorothy Mitchell, as Guardian for Keith Randall and Others, Respondent, v Philip L. Toia, as New York State Commissioner of Social Services, Appellant, et al., Respondent.
Appeal dismissed, without costs, by the Court of Appeals sua sponte, upon the ground that the order appealed from does not finally determine the proceeding within the meaning of the Constitution (Matter of Farrone v Toia, 45 NY2d 775 ).