New York Court of Appeals October 25, 1979 (Rorie v. Woodmere Academy)

Permission to withdraw motion to dismiss appeal granted.

On the court’s own motion: defendant’s appeal pursuant to CPLR 5601 (subd [d]) dismissed, without costs, upon the ground that defendant is not an aggrieved party (see CPLR 5511); plaintiff’s cross appeal dismissed, without costs, upon the ground that plaintiffs have an appeal pending in the Appellate Division from the judgment here sought