Majority
p. 681Jane Hope et al., on Behalf of Themselves and All Others Similarly Situated, et al., Respondents, v Cesar Perales, as Commissioner of the New York State Department of Social Services, et al., Appellants, and St. Vincent’s Hospital and Medical Center of New York et al., Proposed Intervenors-Appellants. Submitted June 28, 1993; decided July 6, 1993
Motion, insofar as it seeks leave to appeal from that part of the Appellate Division order that affirmed Supreme Court’s denial of the motions to intervene, dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution and, insofar as it seeks leave to appeal from the remainder of the Appellate Division order, dismissed upon the ground that, absent an order of intervention, Alma Poindexter, St. Vincent’s Hospital and Medical Center of New York, Our Lady of Mercy Medical Center, and St. Mary’s Hospital of Brooklyn are not parties to the action and thus lack capacity to challenge that part of the order.