Majority
p. 828The People of the State of New York ex rel. James W. White, Appellant, v Supreme Court, New York, et al., Respondents. Submitted September 8, 1981; decided September 24, 1981
Motion for leave to appeal dismissed as premature in
p. 829
view of the pendency of a motion for leave to appeal at the Appellate Division, First Department, without prejudice, if so advised, to the making of a timely motion for leave to appeal following an adverse disposition of the motion at the Appellate Division (CPLR 5513, subd [b]; 5602, subd [a]).