Appeal dismissed, without costs, by the Court of Appeals sua sponte, upon the ground that the portion of the Appellate Division order which remitted the proceeding in action No. 2 to Special Term for further proceedings does not finally determine the proceeding within the meaning of the Constitution; appeal otherwise dismissed, without costs, by the Court of Appeals sua sponte, upon the ground that no appeal lies as of right from the Appellate Division order of unanimous affirmance.