¶1OPINION OF THE COURT
¶2Memorandum.
¶3Appeal dismissed.
¶4In the absence of the entry of a final judgment upon the subject order, no appeal will lie (see, UCCA 1702).
¶5Were the matter properly before us, we would be inclined to affirm. In view of landlord’s failure to offer tenant a written lease, as required by the Emergency Tenant Protection Act, tenant may not presently be evicted on the ground that landlord is in need of the apartment for use by a member of his immediate family (see, Bianchi v Savage, 83 Misc 2d 1007).
¶6Di Paola, P. J., Slifkin and Stark, JJ., concur.