Strongin v. Nyquist , 42 N.Y.2d 998 ( 1977 )

Motion to vacate the Court of Appeals order dated June 29, 1977 dismissing the appeal herein for failure of prosecution granted. On the court’s own motion, appeal taken as of right dismissed, without costs, upon the ground that the order appealed from does not finally determine the proceeding within the meaning of the Constitution. Treating the papers further as a motion for leave to appeal pursuant to CPLR 5602 (subd [a], par 2), motion for leave to appeal granted.