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Mary H. Williams v. John E. Cunningham, Jr.
Motion to dismiss the appeal herein granted and the appeal dismissed, without costs, upon the ground that the order appealed from involves a question of discretion of the type not reviewable by the Court of Appeals (Rabetoy v Atkinson, 37 NY2d 803; Jacobs v Chemical Bank of N. Y. Trust Co., 30 NY2d 750; Cohen and Karger, Powers of the New York Court of Appeals, § 147, pp 584-587).