Ferrentino v. Farragut Gardens No. 5, Inc. (28 N.Y.2d 579, 1971)

Motion granted and appeal dismissed, with costs and $10 costs of motion, upon the ground that the order appealed from does not finally determine the action within the meaning of the Constitution. Moreover, said order involves a question of discretion of the type not reviewable by the Court of Appeals (Pellerin v. Groveville Corp., 27 N Y 2d 590).