
    In the Matter of William J. Rita, Petitioner, v Howard Malatzky, Respondent.
    [635 NYS2d 468]
   —Application seeking vacatur of a determination made by respondent denied, the cross-motion granted and the petition dismissed, without costs and without disbursements. This proceeding is not properly brought before this Court. No opinion. Concur—Ellerin, J. P., Rubin, Nardelli, Williams and Mazzarelli, JJ.  