No question of the validity of section 113 of the Alcoholic Beverage Control Law (Cons. Laws, ch. 3-B) is before us, since the petitioner-appellant has not given notice of its intention to review the intermediate order of the Appellate Division upholding the provisions of that section. (Civ. Prac. Act, § 580; Cohen, Powers of the Court of Appeals, § 70.)

The appeal should be dismissed, with costs. .

Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ., concur.

Appeal dismissed.