PASSAIC VAL. COUNCIL BOY SCOUTS v. HARTWOOD SYNDICATE

Order entered December 27, 1974 modified, with costs to plaintiffs-respondents, and the judgment of Supreme Court, Sullivan County, reinstated on the opinion by Mr. Justice JAMES GIBSON at Trial Term ( 75 Misc.2d 1018) and, as so modified, affirmed.

Appeal from order entered April 17, 1975 dismissed, with costs to plaintiffs-respondents, upon the ground that, in view of the disposition on the main appeal, the order involves the exercise of discretion of a type not reviewable by the Court of Appeals.

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG. Taking no part: Judge COOKE.