Opinion
Submitted September 18, 1967
Decided September 21, 1967
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, SAUL S. STREIT, J.
I. Sidney Worthman for motion.
John F. Haggerty opposed.
MOTION granted and appeal dismissed, with costs and $10 costs of motion, upon the ground that the determination appealed from involves a pure question of discretion of the type not reviewable by the Court of Appeals. (See Klein v. Pompa, 19 N.Y.2d 701.)