Herndon v. City of Ithaca (35 N.Y.2d 956, 1974)

Motion granted and appeal dismissed, without costs, upon the ground that the diss'ent at the Appellate Division was not on a question of law which will be reviewable by the Court of Appeals (cf. Guaspari v. Gorsky, 29 N Y 2d 891; CPLR 5601, subd. [a], par. [i]).