Opinion
Submitted September 11, 1972
Decided September 28, 1972
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JOHN J. LEAHY, J.
Burton S. Cooper and Sheldon Rudoff for motion.
William Kupferberg opposed.
Motion granted and appeal dismissed, without costs, upon the ground that no appeal lies as of right under CPLR 5601 (subd. [a], par. [i]), since the dissenting opinion at the Appellate Division rests only upon a question of discretion which is not reviewable by the Court of Appeals. ( Guaspari v. Gorsky, 29 N.Y.2d 891.) The claimed error in the trial court's charge does not present any reviewable question of law since no objection was taken thereto at the trial (CPLR 4017, 5501, subd. [a], par. 3; Guaspari v. Gorsky, 29 N.Y.2d 891, supra.)
Application by appellant to enlarge the time within which to make a motion for leave to appeal denied as unnecessary (CPLR 5514, subd. [a]).