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Williams v. Cunningham

44 N.Y. 731 Court N.Y. Decision date 1978-04-06 English

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p. 731
Mary H. Williams, Appellant, v John E. Cunningham, Jr., Respondent.
Submitted March 20, 1978;
decided April 6, 1978

Motion to dismiss the appeal herein granted and the 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 (Rabetoy v Atkinson, 37 NY2d 803 ; Jacobs v Chemical Bank of N. Y. Trust Co., 30 NY2d 750 ; Cohen and Karger, Powers of the New York Court of Appeals, § 147, pp 584-587).

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