Opinion
Submitted February 16, 1970
Decided February 26, 1970
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JOHN E. CONE, J.
I. Sidney Worthman for motion.
Joseph Lieberman opposed.
Motion granted and the appeal dismissed, with costs and $10 costs of motion, upon the ground that the order appealed from involves a pure question of discretion of the type not reviewable by the Court of Appeals ( Tepperman v. Peri, 22 N.Y.2d 703).