Williams v. Cunningham

Full title: MARY H. WILLIAMS, Appellant, v. JOHN E. CUNNINGHAM, JR., Respondent

Court: Court of Appeals of the State of New York

Date published: Apr 6, 1978

376 N.E.2d 933 (N.Y. 1978)

405 N.Y.S.2d 460

44 N.Y.2d 731

Opinion

Submitted March 20, 1978

Decided April 6, 1978

Motion to dismiss the appeal herein granted and the appeal dismissed, without costs, upon the ground that the order appealed from involves a question of discretion of the type not reviewable by the Court of Appeals (Rabetoy v Atkinson, 37 N.Y.2d 803; 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, § 147, pp 584-587).