Majority
p. 752In the Matter of Wilhelmine P. Meier, Deceased. Julia Stratton, Appellant; Ludwig Meier et al., Respondents. Submitted February 27, 1961; decided March 2, 1961.
p. 753
Robert Ealpern for motion.
Robert J. Stratton opposed.
Motion granted and appeal- dismissed upon the grounds that (1) the first order (dated Dec. 21,1960) appealed from does not finally determine the proceeding within the meaning of the Constitution, and (2) the sole question presented by the second order (dated Jan. 11,1961) appealed from involves a nonreviewable exercise of discretion. (See, e.g., Trapani v. Samuels, 3 N Y 2d 931 ; see, also, Moebus v. Tishman Co., 5 N Y 2d 945 .)
Cases cited
- Moebus v. Paul Tishman Co. 5 N Y 2d 945 p. 753