McShan v. Dilbert's Quality Supermarkets, Inc. (26 N.Y.2d 843, 1970)

Motion granted and the appeal dismissed, with costs and $10 costs of motion, upon the ground that the order appealed from involves a pure question of discretion of the type not reviewable by the Court of Appeals (Tepperman v. Peri, 22 N Y 2d 703).