
    William J. Kline & Sons, Inc., Appellant, v. State of New York, Respondent.
    (Claim No. 47894.)
    Submitted April 29, 1974;
    decided June 6, 1974.
    
      Louis J. Lefkowitz, Attorney-General (J. Lawson Brown of counsel), for motion.
    
      John T. DeGraff opposed.
   Motion granted and appeal dismissed, with costs and $10 costs of motion, upon the ground that it does, not lie as of right under CPLR, 5601 (subd. [d]) since the order of the Appellate Division was in substance one of modification by which claimant-appellant was not aggrieved (CPLR 5601, subd. [a], par. [iii]).  