SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT
February 20, 1969
IN THE MATTER OF ALFRED F. MCDONALD, JR., RESPONDENT,
MUNICIPAL CIVIL SERVICE COMMISSION OF THE CITY OF BUFFALO, APPELLANT
Appeal from order of Erie Special Term denying motion to dismiss petition.
Goldman, P. J., Del Vecchio, Marsh, Bastow and Henry, JJ.
Memorandum: This appeal is from an order made in a proceeding against a body pursuant to article 78 and was not appealable as a matter of right (CPLR 5701, subd. [b]). No permission to appeal having been granted in accordance with subdivision (c) of the same section the appeal must be dismissed.
Appeal dismissed, without costs.
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