Young Ja Suh v. Department of Mental Hygiene

Appeal unanimously dismissed, without costs. Memorandum: Petitioner commenced this article 78 proceeding seeking reinstatement to her former position as a pharmacist at a State mental hospital. Respondent now appeals from an order directing that petitioner be accorded a departmental hearing to review the propriety of her discharge. Such an order is both intermediate and nonfinal and may not be appealed as of right (CPLR 5701, subd [b], par 1; Cirasole v Simins, 48 AD2d 795; Coor Dev. Corp. v Wever, 41 AD2d 689). Since the record does not disclose that permission to appeal was either sought or…