
    Isidoro Acevedo, Appellant, v Barbara Layton, Respondent.
    Supreme Court, Appellate Term, Second Department,
    October 7, 1985
    APPEARANCES OF COUNSEL
    
      Farley, Jutkowitz, Balint & Wiederkehr (Alfred E. Donnellan of counsel), for appellant. James O. Hivnor and Ray A. Jones for respondent.
   OPINION OF THE COURT

Memorandum.

Appeal dismissed.

In the absence of the entry of a final judgment upon the subject order, no appeal will lie (see, UCCA 1702).

Were the matter properly before us, we would be inclined to affirm. In view of landlord’s failure to offer tenant a written lease, as required by the Emergency Tenant Protection Act, tenant may not presently be evicted on the ground that landlord is in need of the apartment for use by a member of his immediate family (see, Bianchi v Savage, 83 Misc 2d 1007).

Di Paola, P. J., Slifkin and Stark, JJ., concur.  