Majority
p. 975Decided February 16, 1982
Max Farash, as Agent for HVM Associates, II, Appellant, v James E. Smith, as Assessor of the Town of Perinton, Respondent, and Fairport Central School District, Intervenor-Respondent. (And Another Proceeding.)
Appeal dismissed, without costs, by the Court of Appeals sua sponte, upon the ground that the order appealed from does not finally determine the consolidated proceeding within the meaning of the Constitution (see Lizza Inds. v Long Is. Light. Co., 36 NY2d 754 ).
Judge Gabrielli taking no part.