
    Third Department,
    May, 1987
    (May 1, 1987)
    In the Matter of Maximino Vargas, Jr., Appellant, v Thomas A. Coughlin, as Commissioner of the New York State Department of Correctional Services, et al., Respondents.
   Motion to dismiss appeal granted, without costs, on the ground that an order denying an application for an ex parte order is not appealable (Matter of King v Gregorie, 90 AD2d 922, lv dismissed 58 NY2d 822). Mahoney, P. J., Kane, Main, Casey and Yesawich, Jr., JJ., concur.  