New York Court of Appeals April 6, 1978 (Schleimer v. McPherson)

On the court’s own motion, appeal taken as of right dismissed, without costs, upon the ground that it does not lie as *731of right (NY Const, art VI, § 3, subd b, par [7]; CPLR 5601, subds [a], [b]).

Motion to waive strict compliance with certain requirements concerning the record on appeal herein dismissed as academic.