Majority
p. 708In the Matter of the Village of Westbury, Respondent, v Department of Transportation of the State of New York et al., Appellants. Submitted May 1, 1989; decided June 13, 1989
Motion, insofar as it seeks leave to appeal from the March 8, 1989 order of the Appellate Division denying a motion to vacate the permanent injunction dismissed upon the ground that that order does not finally determine the proceeding within the meaning of the Constitution and it is not a nonfinal order of the type within the meaning of CPLR 5602 (a) (2); motion for leave to appeal otherwise granted.