Opinion
Submitted January 21, 1974
Decided February 20, 1974
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, STEPHEN SMYK, J.
John W. Young for motion.
Thomas A. Muscatello opposed.
Motion granted and appeal dismissed, with costs and $10 costs of motion, upon the ground that the dissent at the Appellate Division is not on a question of law (CPLR 5601, subd. [a], par. [i]; see Guaspari v. Gorsky, 29 N.Y.2d 891).