
    Frederick B. Ayer, Appellant, v Sky Club, Inc., Respondent.
    Submitted September 4, 1979;
    decided October 16, 1979
   Motion to dismiss the appeal herein granted and the appeal dismissed, with costs and $20 costs of motion, upon the ground that the order appealed from does not finally determine the action within the meaning of the Constitution (Lizza Inds. v Long Is. Light. Co., 36 NY2d 754).  