Majority
p. 948In the Matter of the Trust of Elmer B. Tyrrel, as Grantor. B. Harold Tyrrel, Appellant-Respondent; Manufacturers Hanover Trust Company, as Successor Trustee, Respondent-Appellant. Submitted January 16, 1978; decided February 22, 1978
On the court’s own motion, appeal taken as of right by Manufacturers Hanover Trust Company, dismissed, without costs, upon the ground that the modification at the Appellate Division is not in a "respect, which is within the power of the court of appeals to review” (CPLR 5601, subd [a], par [iiy).