Opinion
Submitted September 2, 1975
Decided September 17, 1975
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, J. ROBERT LYNCH, J.
John Ganotis, Paul A. Brown and George K. Myrus for motions and opposed to cross motion.
Irwin Birnbaum opposed to motions and for cross motion.
Motions granted and appeal dismissed, with costs and $20 costs of motion, and cross motion dismissed with necessary reproduction disbursements, each upon the ground that the Appellate Division order involves a question of discretion of the type not reviewable by the Court of Appeals (Morris v Dunham, 35 N.Y.2d 968; Cohen and Karger, Powers of the New York Court of Appeals, § 147).