People ex rel. Graham v. Kelly , 163 A.D.2d 917 ( 1990 )

Motion to reinstate appeal dismissed. Memorandum: The motion to reinstate the appeal is unnecessary. Although we had dismissed the appeal taken to the Appellate Division based on the stipulation of the parties, the appeal is now properly before us by reason of the subsequent transfer by the Court of Appeals of the appeal taken directly to that court. Present—Callahan, J. P., Denman, Boomer, Green and Lawton, JJ.