Anonymous No. 2 v. Botein — 13 N.Y.2d 765

Majority

p. 765

Anonymous No. 2, Appellant, v. Bernard Botein, as Presiding Justice of the Appellate Division, First Department, of the Supreme Court of the State of New York, et al., Respondents.

Argued June 3, 1963;

decided July 10, 1963.

Arnold Schildhaus for appellant.

Louis J. LefJcowite, Attorney-General (Irving Galt, Irving L. Hollins and Philip Weinberg of counsel), for respondents.

Appeal dismissed. Since the courts below acted within their proper discretion in dismissing the complaint, there is no constitutional question directly involved. No opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Van Voorhis, Burke, Foster and Soils dpi.