Order unanimously modified on the law and as modified affirmed with costs to petitioner in accordance with the following Memorandum: No appeal of right lies from an intermediate order in a CPLR article 78 proceeding (CPLR 5701 [b] [1]). We treat the notice of appeal as a request for permission to appeal and grant leave so that we may address the merits (see, CPLR 5701 [c]).
On August 28, 1992, petitioner was indicted for grand larceny, bribe receiving by a...
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