decided: October 10, 1968.
ANITA MANVILLE, APPELLANT,
BANK OF NEW YORK ET AL., RESPONDENTS
Motion to dismiss an appeal, taken on alleged constitutional grounds, from orders of the Appellate Division of the Supreme Court in the First Judicial Department, entered April 25, 1968, which (1) granted a motion to dismiss, for failure to prosecute, an appeal taken by plaintiff from a judgment of the Supreme Court, entered in New York County, (2) denied a motion by plaintiff for an enlargement of time within which to perfect said appeal and (3) denied a motion by her for leave to perfect said appeal upon a partial record, with permission to file certain portions of the transcript as soon as they were completed.
Motion granted and appeal dismissed, with costs and $10 costs of motion, upon the ground that the orders appealed from involve pure questions of discretion of the type not reviewable by Court of Appeals (Levitt v. Ford Motor Co., 22 N.Y.2d 699).
© 1998 VersusLaw Inc.