Majority
p. 968Ellis F. Morris, Appellant, v. W. A. Dunham, Respondent. Submitted December 23, 1974; decided January 9, 1975.
p. 969
JoTm Ganotis for motion.
Neil Hesson, Jr. opposed
Motion granted and appeal dismissed, with costs and $20 costs of motion, upon the ground that, while the order appealed from is final, it involves a question of discretion of the type not reviewable by the Court. of Appeals (see CPLR 5212, subd. [a]; Paradis v. Doyle, 291 N. Y. 503 ; 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, pp. 153, 584-587; cf. at p. 597).
Cases cited
- Paradis v. Doyle 291 N. Y. 503 p. 969
- Jacobs v. Chemical Bank of New York Trust Co. 30 N Y 2d 750 p. 969