Motion to amend the notice of appeal denied as unnecessary inasmuch as the appeal is deemed to have been taken *702from the Appellate Division order dated December 9, 1980 (see CPLR 5512, subd [a]; 5520, subd [c]).

On the court’s own motion appeal dismissed, without costs, upon the ground that the order appealed from does not finally determine the action within the meaning of the Constitution.