Opinion
Submitted May 1, 1972
Decided May 4, 1972
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, THOMAS R. JONES, J.
J. Lee Rankin, Corporation Counsel ( Eli Uncyk of counsel), for motion.
No one opposed.
Motion granted and appeal dismissed, without costs, upon the ground that the order appealed from does not finally determine the action within the meaning of the Constitution. Moreover, said order involves a question of discretion of the type not reviewable by the Court of Appeals ( Ferrentino v. Farragut Gardens No. 5, 28 N.Y.2d 579).