Majority
p. 848Marie Trevisano, Individually and as Sole Distributee of the Estate of Lillian Apuzzo, Deceased, Appellant, v Salvatore Giordano et al., Respondents. Submitted July 25, 1994; decided September 13, 1994
Motion to vacate the Court of Appeals June 22, 1994 rule 500.9 (b) (22 NYCRR 500.9 [b]) order of dismissal granted. [See, 83 NY2d 963 .] On the Court’s own motion, appeal dismissed, without costs, upon the ground that no appeal lies from the unanimous order of the Appellate Division absent the direct involvement of a substantial constitutional question (CPLR 5601). Motion for poor person relief dismissed as academic.