
    Cecil Duverney, Appellant, v State of New York et al., Respondents.
    (Claim No. 60332.)
    Submitted July 14, 1980;
    decided September 4, 1980
   Motion for leave to appeal dismissed upon the ground that the nonfinal order sought to be appealed from was entered in an action, not a proceeding, and therefore is not one which comes within the provisions of CPLR 5602 (subd [a], par 2). (See, e.g., Herman Constr. Co. v State Univ. Constr. Fund, 41 NY2d 943.)  