In re the Estate of Cohen (48 N.Y.2d 633, 1979)

Appeal dismissed, without costs, by the Court of Appeals sua sponte, upon the ground that the modification at the Appellate Division is not in a respect which is within the power of the Court of Appeals to review (CPLR 5601, subd [a], par [iii]; Patron v Patron, 40 NY2d 582). Cross appeal dismissed, without costs, by the Court of Appeals sua sponte, upon the ground that cross-appellant is not aggrieved by the modification at the Appellate Division (CPLR 5601, subd [a], par [iii]).