Opinion
Submitted May 15, 1961
Decided May 18, 1961
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, VINCENT A. LUPIANO, J.
Richard Lieb and Evalyn Lipton for motion.
James H. Mathias opposed.
Motion denied, with $10 costs and necessary printing disbursements, upon the ground that the determination sought to be reviewed involves a pure question of discretion of the type not reviewable by the Court of Appeals ( Trapani v. Samuels, 3 N.Y.2d 931).