Majority
p. 843James McShan, Appellant, v. Dilbert’s Quality Supermarkets, Inc. et al., Respondents. Submitted February 16, 1970; decided February 26, 1970.
p. 844
I. Sidney Worthman for motion.
Joseph Lieberman opposed.
Motion granted and the 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 (Tepperman v. Peri, 22 N Y 2d 703 ).
Cases cited
- Tepperman v. Peri 22 N Y 2d 703 p. 844