MATTER OF CUZDEY, AMERICAN MOTORISTS INS. CO

MEMORANDUM. The order of the Appellate Division should be affirmed.

Both courts below were vested with discretion to be exercised in the light of all the facts and relevant circumstances in the given case, reviewable to a limited extent in this court. We are not disposed to overrule the exercise of discretion by the Appellate Division. (Cf. Murray v City of New York, 30 N.Y.2d 113. )

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

Order affirmed, with costs, in a memorandum.