
    In the Matter of Carl A. Vergari, as District Attorney of Westchester County, Appellant, v Michael Hirniak, Respondent.
    Decided November 21, 1977
   Appeal dismissed, without costs, by the Court of Appeals sua sponte, upon the ground that the order sought to be appealed from does not finally determine the proceeding within the meaning of the Constitution (see Lizza Inds. v Long Is. Light. Co., 36 NY2d 754; Walker v Sears, Roebuck & Co., 36 NY2d 695).  