520 East 81st Street Associates v. Lenox Hill Hospital 72 N.Y.2d 948

Appeal transferred to the Appellate Division, First Department, without costs, by the Court of Appeals sua sponte, upon the ground that a direct appeal does not lie when questions *949other than the constitutional validity of a statutory provision are involved (NY Const, art VI, § 3 [b] [2]; § 5 [b]; CPLR 5601 [b] [2]) and upon the further ground that the order and judgment appealed from does not finally determine the action within the meaning of the Constitution.