Opinion
Submitted March 8, 1965
Decided March 11, 1965
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, FREDERICK BACKER, J.
William J. O'Brien for motion.
Herbert Rubin opposed.
Motion granted and appeal dismissed, with costs and $10 costs of motion, upon the ground that the determination sought to be reviewed involves a pure question of discretion of the type not reviewable by the Court of Appeals ( Miranda v. City of New York, 10 N.Y.2d 883).