Opinion
Submitted December 23, 1974
Decided January 9, 1975
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.
John Ganotis for motion.
Neil Hesson, Jr. opposed.
Motion granted and appeal dismissed, with costs and $20 costs of motion, upon the ground that, while the order appealed from is final, it involves a question of discretion of the type not reviewable by the Court of Appeals (see CPLR 5212, subd. [a]; Paradis v. Doyle, 291 N.Y. 503; Jacobs v. Chemical Bank of N Y Trust Co., 30 N.Y.2d 750; Cohen and Karger, Powers of the New York Court of Appeals, pp. 153, 584-587; cf. at p. 597).