Opinion
September 14, 1962
Appeal from the Supreme Court of Monroe County.
Present — Williams, P.J., Bastow, Goldman, Halpern and Henry, JJ.
Order unanimously affirmed, with $25 costs and disbursements. Memorandum: Appellant moved pursuant to section 86 of the Rochester City Court Act (L. 1950, ch. 771) to remove this case to Supreme Court. That statutory provision grants to the latter court discretionary authority to order such removal in any action where a counterclaim, as in this action, is interposed for more than $3,000. Upon the facts presented we conclude that Special Term providently exercised its discretion in denying the application. We pass upon no other question.