Opinion
Argued April 23, 1973
Decided April 26, 1973
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, CARMAN F. BALL, J.
Robert E. Fischer, Deputy Attorney-General ( Maxwell B. Spoont of counsel), for motion.
F. James Kane, Jr. opposed.
Motion granted and appeal dismissed, without costs, upon the grounds that there was no modification at the Appellate Division within the meaning of CPLR 5601 (subd. [a], par. [iii]), and there is no substantial constitutional question presented.