Opinion
1301.
December 23, 2003.
Appeal by nonparty-appellant Lysaght, Lysaght Kramer, P.C., dismissed without costs, by the Court sua sponte, upon the ground that the Appellate Division did not have the power to grant leave to appeal to this Court on a certified question from an order granting a new hearing (see, CPLR 5601[c], 5602[b][1]; Maynard v. Greenberg, 82 N.Y.2d 913). This dismissal is without prejudice to nonparty-appellant taking any further action that may be available (see, CPLR 5514[a]).