Majority
p. 899Lisa Grant et al., on Behalf of Themselves and All Others Similarly Situated, Appellants, and Carolyn Lee et al., on Behalf of Themselves and All Others Similarly Situated, Intervenors-Appellants, v Mario M. Cuomo, as Governor of the State of New York, et al., Defendants, Edward I. Koch, as Mayor of the City of New York, et al., Respondents. Submitted October 26, 1987; decided December 17, 1987
Motion by defendants Koch and Gross to dismiss the appeal granted, with costs and $20 costs of motion, and, on the court’s own motion, appeal as against defendants Cuomo and Perales dismissed, without costs, upon the ground that the order appealed from does not finally determine the action within the meaning of the Constitution.