Keith v. New York State Teachers' Retirement System ( 1974 )

Motion for permission to appeal to this court from an order denying defendant’s motion to dismiss the complaint in an action for declaratory judgment. Pursuant to CPLR 5701 (subd. [e]), the motion must be made to an individual Justice of this court. Accordingly, the motion is referred to Mr. Justice Cooke, who makes the following disposition: Motion denied, without costs, upon the ground an appeal lies as of right. Herlihy, P. J., Staley, Jr., Greenblott, Cooke and Sweeney, JJ., concur.