Appeal transferred, without costs, by the Court of Appeals, sua sponte, to the Appellate Division, Third Department, upon the ground that a direct appeal does not lie where the judgment appealed from does not finally determine the action within the meaning of the Constitution (see Flushing Natl. Bank v City of New York, 38 NY2d 999 [1976]; NY Const, art VI, §§ 3 [b] [2]; 5 [b]; CPLR 5601 [b] [2]).