Motion dismissed as academic.
Cross motion granted and appeal dismissed, without costs, upon the ground that the appeal does not lie as of right since the action originated in a court other than one specified in CPLR 5601 (subd. [a]) and no constitutional question is directly involved (N.Y. Const., art. VI, § 3, subd. b, par. [7]; CPLR 5601, subd. [b], par. 1).