Opinion
Submitted June 21, 1976
Decided July 13, 1976
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.
Bernard F. Ashe for motion.
Betty O. Muka, pro se, opposed.
Motion granted and appeal dismissed, without costs, upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution, and upon the further ground that it involves an exercise of discretion of a type not reviewable by the Court of Appeals (Matter of Legal Aid Soc. of Westchester County v District Attorney of Westchester County, 35 N.Y.2d 730).