Opinion
Submitted August 25, 2008.
Decided October 21, 2008.
Reported below, 49 AD3d 391.
Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution. The doctrine of implied severance is not applicable ( see Burke v Crosson, 85 NY2d 10, 16-17).
Chief Judge KAYE taking no part.