Motion for leave to appeal dismissed upon the ground that the nonfinal order sought to be appealed from was entered in an action, not a proceeding, and therefore is not one which comes within the provisions of CPLR 5602 (subd [a], par 2).
Page 835
(See, e.g., Herman Constr. Co. v State Univ. Constr. Fund, 41 NY2d 943.)