Opinion
Submitted July 9, 1963
Decided July 10, 1963
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, SAMUEL M. GOLD, J.
David A. Ruttenberg for motion.
Alfred Avins opposed.
Cross motion granted and appeal dismissed, with costs and $10 costs of motion, upon the ground that both the order and judgment allegedly appealed from were made in the exercise of discretion and raise no substantial constitutional questions ( Fleischer v. W.P.I.X., 11 N.Y.2d 876).