Opinion
Submitted October 7, 1968
Decided October 10, 1968
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, MARSHALL E. LIVINGSTON, J.
Harrison S. Downs for motion.
No one opposed.
Motion granted and appeal dismissed, with costs and $10 costs of motion, upon the ground that the order appealed from involves a pure question of discretion of the type not reviewable by the Court of Appeals ( Levitt v. Ford Motor Co., 22 N.Y.2d 699).