Matter of Geiger v. Berger

Full title: In the Matter of WILLIAMS GEIGER, Respondent, v. EDELMAN, BERGER, PETERS…

Court: Court of Appeals of the State of New York

Date published: Jul 13, 1976

39 N.Y.2d 1034 (N.Y. 1976)

387 N.Y.S.2d 249

355 N.E.2d 304

Opinion

Submitted June 21, 1976

Decided July 13, 1976

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, ABRAHAM J. MULTER, J.

E. Marvin Geiger for motion.

Jerome Edelman opposed.

Motion granted and appeal dismissed, with costs and $20 costs of motion, upon the grounds that (1) the order appealed from does not substantially modify the order of Supreme Court entered March 17, 1976 within the meaning of CPLR 5601 (subd [a], par [iii]); (2) appellant is not aggrieved by the Appellate Division modification of the order of Supreme Court entered March 19, 1976 (CPLR 5601, subd [a], par [iii]); and (3) that portion of the order appealed from which dismissed an appeal from an order of Supreme Court entered March 25, 1976, denying a motion for reargument and/or reconsideration, involves a question of discretion of the type not reviewable by the Court of Appeals (see Cohen and Karger, Powers of the New York Court of Appeals, § 147, p 585).