Majority
p. 689In the Matter of Sun Plaza Enterprises, Corp., Respondent, v Tax Commission of City of New York et al., Appellants. Submitted June 28, 2004; decided September 7, 2004
Motion for leave to appeal dismissed upon the ground that the Appellate Division order, from which no appeal was properly taken or motion for leave to appeal was properly made, was the final appealable paper as its remittal was for purely ministerial action (see Karger, Powers of the New York Court of Appeals § 17, at 79-80 [3d ed]).