Majority
p. 742Mimi Blye, Appellant, v Manhattan and Bronx Surface Transit Operating Authority, Respondent, et al., Defendant. Submitted July 13, 1987; decided September 17, 1987
Motion to dismiss appeal granted and the appeal dismissed, with costs and $20 costs of motion, upon the ground that no appeal lies as of right from the order of the Appellate Division absent a two-Justice dissent (see, Finkelstein v Kins, appeal dismissed 69 NY2d 1023 ) or the direct involvement of a substantial constitutional question (CPLR 5601).