Majority
p. 933Louis A. De Lisio, Appellant, v. Robert A. Muto, Respondent. (Action No. 1.) George A. Zulauf, Appellant, v. Robert A. Muto, Respondent. (Action No. 2.) Paul Ferindino, an Infant, by His Guardian ad Litem, Vivian Ferindino, Appellant, v. Robert A. Muto, Respondent. (Action No. 3.) Melia N. Romano, Appellant, v. Robert A. Muto, Respondent. (Action No. 4.) Submitted October 7, 1968; decided October 10, 1968.
Harrison S. Downs for motion.
No one opposed.
p. 934
Motion granted and appeal dismissed, with costs and $10 costs of motion, upon the ground that the order appealed from involves a pure question of discretion of the type not reviewable by the Court of Appeals (Levitt v. Ford Motor Co., 22 N Y 2d 699 ).
Cases cited
- Levitt v. Ford Motor Co. 22 N Y 2d 699 p. 934