Motion for reargument of so much of appellant’s prior motion as sought leave to appeal from an Appellate Division order denying reconsideration, which was dismissed as untimely by the Court of Appeals on October 23, 2001, granted and, upon reargument, that part of the motion for leave to appeal is dismissed upon the ground that the order sought to be appealed from does not finally determine the proceeding within the meaning of the Constitution [see, 97 NY2d 635].

Judge Smith taking no part.