Majority
p. 845In the Matter of Douglas Grant, Appellant, v Glen Goord et al., Respondents. Submitted November 3, 1997; decided December 4, 1997
Motion to vacate this Court’s October 6, 1997 failure to prosecute dismissal order granted, and on the Court’s own motion, appeal nevertheless dismissed, without costs, upon the ground that it does not lie. [See, 90 NY2d 1009 .]