Appeal by Spancrete Northeast, Inc. dismissed, without costs, by the Court of Appeals sua sponte, upon the ground that the order appealed from does not finally determine the action within the meaning of the Constitution, and upon the further ground that no appeal lies as of right from the order of modification, absent a dissent by at least two Justices or the *661direct involvement of a substantial constitutional question (CPLR 5601, as amended by L 1985, ch 300, § 1).