
    In the Matter of Knieriemen Oil Company et al., Petitioners, v. Robert A. Lane, as Building Inspector of the Town of Poughkeepsie, et al., Respondents.
   Petitioners move before the Hon. James D. Hopkins, an Associate Justice of this court, pursuant to statute (CPLR 5701, subd. [c]), for permission to appeal to this court from an order made April 16, 1964, at a Special Term, Supreme Court, Dutchess County, which dismissed the petition in a proceeding under article 78 of the CPLR. The motion is denied by Mr. Justice Hopkins as unnecessary. The said order is not an intermediate order in a special proceeding, but a final judgment which granted a motion to dismiss the petition and which has terminated the proceeding (CPLR 7806). Such judgment is appealable as a matter of right (CPLR 5701, subd. [a]; cf. CPLR 103, subd. [b]).  