Motion for reconsideration of this court’s sua sponte dismissal herein, dated October 23, 1974, or, in the alternative, for permission to perfect appeal in the Appellate Division granted to the extent that the order dated October 23, 1974 is vacated and the appeal is transferred to the Appellate Division, Second Department (see Matter of Bartsch v. State of New York, 33 N Y 2d 938). [See 35 N Y 2d 754.]