Opinion
Appeal transferred, without costs, by the Court of Appeals, sua sponte, to the Appellate Division, Third Department, upon the ground that a direct appeal does not lie where the order appealed from does not finally determine the action within the meaning of the Constitution (see N.Y. Const., art. VI, § § 3 [b][2], 5 [b]; CPLR 5601[b][2] ).
Judges STEIN and FAHEY took no part.