Opinion
Argued January 12, 1978
Decided February 22, 1978
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, HILDA G. SCHWARTZ, J.
Augustin J. San Filippo and Steven Jon Levine for appellant.
Joseph M. Costello for respondent.
MEMORANDUM.
The order of the Appellate Division should be affirmed, with costs to respondent. Although the order of the Appellate Division is appealable, it is not reviewable. Appellant raises only a question of fact as to the weight of the evidence. Since no question of law is presented, the order of the Appellate Division lies beyond our power of review. (Pfohl v Wipperman, 34 N.Y.2d 597; Armstrong v Campbell, 30 N.Y.2d 704; Indiere v Strickroth, 28 N.Y.2d 513; see Cohen and Karger, Powers of the New York Court of Appeals [rev ed], § 148, p 588.)
Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.
Order affirmed.