Appeal dismissed, without costs, by the Court of Appeals, sua sponte, upon the ground that the State Constitution (art VI, § 3 [b] [3], [4]) and the CPLR (5601 [c]; 5602 Ob] [1]) do not authorize a grant of leave to defendant on a certified question in these circumstances (see, Maynard v Greenberg, 82 NY2d 913).