Appeal transferred to the Appellate Division, First Department, without costs, by the Court of Appeals sua sponte, upon the ground that a direct appeal does not lie when questions *949other than the constitutional validity of a statutory provision are involved (NY Const, art VI, § 3 [b] [2]; § 5 [b]; CPLR 5601 [b] [2]) and upon the further ground that the order and judgment appealed from does not finally determine the action within the meaning of the Constitution.