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Rabetoy v. Atkinson

37 N.Y.2d 803 Court N.Y. Decision date 1975-09-17 English

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p. 803
Lorraine E. Rabetoy, Individually and as Administratrix of the Estate of William H. Rabetoy, Deceased, Appellant, v John G. Atkinson et al., Respondents.
Submitted September 2, 1975;
decided September 17, 1975
John Ganotis, Paul A. Brown and George K. Myrus for motions and opposed to cross motion.
Irwin Birnbaum opposed to motions and for cross motion.

Motions granted and appeal dismissed, with costs and $20 costs of motion, and cross motion dismissed with necessary reproduction disbursements, each upon the ground that the Appellate Division order involves a question of discretion of the type not reviewable by the Court of Appeals (Morris v Dunham, 35 NY2d 968 ; Cohen and Karger, Powers of the New York Court of Appeals, § 147).

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