BRITO v. MANHATTAN BRONX SURFACE TRANSIT OPERATING

Motion to dismiss appeal granted and appeal dismissed, with $400 costs and $100 costs of motion, upon the ground that the Appellate Division does not have the power to grant leave to appeal on a certified question from an order granting a new trial (see, CPLR 5601 [c]; 5602 [b] [1]; Mundt v Glokner, 160 N.Y. 571; Fishman v Manhattan Bronx Surface Tr. Operating Auth., 78 N.Y.2d 878).