Cataldo v. Buglass — 39 N.Y.2d 807

Majority

p. 807

Anthony B. Cataldo, Appellant, v Leslie J. Buglass, Individually and as a Member of the Executive Committee of the Association of Average Adjusters of the United States, et al., Respondents.

Submitted April 19, 1976;

decided May 4, 1976

Anthony B. Cataldo, pro se, and Ben Lieblein for motion and opposed to cross motion.

Louis J. Gusmano, Charles N. Fiddler and Bruce C. Beringer opposed to motion and for cross motion.

Motion dismissed, with $20 costs and necessary reproduction disbursements to respondent Johnson & Higgins, Inc., upon the ground that the order sought to be appealed from involves

p. 808

a question of discretion of the type not reviewable by the Court of Appeals.

Cross application granted and appeal dismissed, without costs, upon the ground that the order appealed from involves a question of discretion of the type not reviewable by the Court of Appeals.