William J. Kline & Sons, Inc. v. State

*806Motion granted and appeal dismissed, with costs and $10 costs of motion, upon the ground that it does, not lie as of right under CPLR, 5601 (subd. [d]) since the order of the Appellate Division was in substance one of modification by which claimant-appellant was not aggrieved (CPLR 5601, subd. [a], par. [iii]).