10 N.Y.3d 928 (2008)
KENNETH H. PATTEN, Individually and as Testamentary Executor of PATRICIA PATTEN, Deceased, Appellant,
KENNETH H. PATTEN, Individually and as Testamentary Executor of PATRICIA PATTEN, Deceased, Appellant,
v.
HAMBURG OB/GYN GROUP, P.C., et al., Respondents.
Court of Appeals of the State of New York.
Submitted June 2, 2008. Decided June 26, 2008.*929 Appeal dismissed, without costs, by the Court of Appeals, sua sponte, upon the ground that the order appealed from does not finally determine the action within the meaning of the Constitution.