Matter of Hill

Full title: In the Matter of ERNEST HILL, Appellant. JOE SMALLS et al., Respondents

Court: Court of Appeals of the State of New York

Date published: Feb 12, 1976

38 N.Y.2d 893 (N.Y. 1976)

382 N.Y.S.2d 749

346 N.E.2d 550

Opinion

Decided February 12, 1976

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, GEORGE STARKE, J.

Robert H. Silk for appellant.

Stanley H. Kaufman for James Capoutsos, respondent.

Appeal dismissed, without costs, by the Court of Appeals sua sponte upon the grounds (1) that the order appealed from, insofar as it affirmed an order denying a motion to remove Hill v Smalls to Supreme Court, involves the exercise of discretion of type not reviewable by Court of Appeals, and (2) that the order appealed from in all other respects is nonfinal.