Motion by petitioner to dismiss the appeal granted and the appeal dismissed upon the ground that it does not lie as of right (NY Const, art VI, §3 [b]; CPLR 5601). Motion by respondent tenant for leave to appeal dismissed upon the ground that the Court of Appeals does not have jurisdiction to entertain a motion for leave to appeal from the nonfinal order entered in an action commenced in the Civil Court of the City of New York (NY Const, art VI, § 3 [b] [7]; CPLR 5602).