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.