OPINION OF THE COURT

Order reversed and case remitted to the Appellate Term, 9th and 10th Judicial Districts, with directions to dismiss the appeal to that court (People v Brown, 40 NY2d 381, cert denied 433 US 913; see also, People v Key, 45 NY2d 111, 120).

Concur: Chief Judge Wachtler and Judges Jasen, Meyer, Simons, Kaye and Alexander.