Call v. Smith

Full title: JOAN L. CALL et al., Appellants, v. JOHN P. SMITH, Respondent

Court: Court of Appeals of the State of New York

Date published: Feb 18, 1971

269 N.E.2d 194 (N.Y. 1971)

269 N.E.2d 194

320 N.Y.S.2d 524

Opinion

Submitted January 25, 1971

Decided February 18, 1971

Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, HAROLD P. KELLY, J.

W. Donn McCarthy for motion.

Robert J. Lane opposed.

Motion granted and appeal dismissed, with costs and $10 costs of motion, upon the ground that the order appealed from involves a question of discretion of the type not reviewable by the Court of Appeals.