Opinion
Submitted September 12, 1983
Decided September 15, 1983
Motion to dismiss appeal taken as of right pursuant to CPLR 5601 (subd [a]) granted and appeal dismissed, with costs and $20 costs of motion, upon the ground that the order appealed from does not finally determine the action within the meaning of the Constitution. Motion to dismiss appeal taken as of right pursuant to CPLR 5601 (subd [c]) granted and appeal dismissed, with costs and $20 costs of motion, upon the ground that the order appealed from does not grant a new trial or hearing (see Cohen and Karger, Powers of the New York Court of Appeals, § 63, pp 283-284).