OPINION OF THE COURT

Motion to dismiss appeal granted and the appeal dismissed, without costs, upon the ground that the order appealed from does not finally determine the action within the meaning of the Constitution (see Cohen and Karger, Powers of the New York Court of Appeals, § 38, pp 155-156; § 46, p 204; see, e.g., Seligman v Tucker, 36 NY2d 921; Cremonin v Wahhab, 300 NY 459).