Appeal from order of Appeal from Supreme Court, New York County, entered April 20, 1977, unanimously dismissed as nonappealable. The respondent shall recover of the appellant $40 costs and disbursements of this appeal. Were we to entertain the appeal *748on the merits, we would affirm. Concur—Kupferman, J. P., Birns, Fein and Markewich, JJ.; Silverman, J., concurs in the result only.