ASSOCIATED COAL SALES CORP. v. HUGHES

Appeal dismissed, without costs. No appeal lies as of right from that portion of the order appealed from which unanimously affirms the dismissal of the complaint against August Thyssen-Hutte Aktiengesellschaft (CPLR 5601, subd [a]). The remainder of the order does not finally determine the action within the meaning of the Constitution. (Walker v Sears, Roebuck Co., 36 N.Y.2d 695; Lizza Inds. v Long Is. Light. Co., 36 N.Y.2d 754; see Orange Rockland Utilities v Howard Oil Co., 46 N.Y.2d 880. )