People ex rel. Afrika v. Russi

—Appeal unanimously dismissed. Memorandum: An appeal from a nonfinal intermediate order in a CPLR article 78 proceeding does not lie as of right (CPLR 5701 [b] [1]; see, Matter of Zeller v Board of Educ., 189 AD2d 877; Matter of Luebbe v Town of Brookhaven Zoning Bd. of Appeals, 120 *1063AD2d 731; Hawley v Town of Aurora, 41 AD2d 588). Such an appeal is authorized only upon permission of the Judge who made the order or from a Justice of the Appellate Division (see, CPLR 5701 [c]; see also, Matter of Driscoll v Department of Fire, 112 AD2d 751). Here, no permission has been sought. Moreover, it…