On the court’s own motion, appeal taken by plaintiff dismissed, without costs, upon the ground that the modification at the Appellate Division is not in a "respect, which is within the power of the Court of Appeals to review” (CPLR 5601, subd [a], par [iii]; see Patron v Patron, 40 NY2d 582). Motion by defendant for leave to appeal denied. Motion to require defendant to post an undertaking dismissed as academic.