Appeal from an order of the Supreme Court at Special Term, entered in Albany County on February 13, 1969, which dismissed the complaint upon the ground that there was a failure to comply with section 14 Pub. Health of the Public Health Law. The requirement of obtaining permission from a Justice of the Supreme Court to commence an action such as the present one was recently considered by this court in the case of Clark v. Cannizzaro ( 37 A.D.2d 634, 635). Order affirmed upon the opinion at Special Term ( 58 Misc.2d 773), without costs and without prejudice to such further proceedings as the plaintiff may be advised to institute. Herlihy, P.J., Reynolds, Greenblott, Cooke and Simons, JJ., concur.