Opinion
Submitted April 19, 1976
Decided May 4, 1976
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, LEO BROWN, J.
Anthony B. Cataldo, pro se, and Ben Lieblein for motion and opposed to cross motion.
Louis J. Gusmano, Charles N. Fiddler and Bruce C. Beringer opposed to motion and for cross motion.
Motion dismissed, with $20 costs and necessary reproduction disbursements to respondent Johnson Higgins, Inc., upon the ground that the order sought to be appealed from involves a question of discretion of the type not reviewable by the Court of Appeals.
Cross application granted and appeal dismissed, without costs, upon the ground that the order appealed from involves a question of discretion of the type not reviewable by the Court of Appeals.