Motion granted and appeal dismissed, with costs and $10 costs of motion, upon the ground that the prior order of the Appellate Division was not one which necessarily affected the final judgment appealed from. (CPLR 5601, subd. [d]; see Buffalo Elec. Co. v. State of New York, 14 N Y 2d 453, 457-458; see, also, Cohen and Karger, Powers of the New York Court of Appeals, §79.)