
    In the Matter of Ernest Hill, Appellant. Joe Smalls et al., Respondents.
    Decided February 12, 1976
    
      
      Robert H. Silk for appellant.
    
      Stanley H. Kaufman for James Capoutsos, respondent.
   Appeal dismissed, without costs, by the Court of Appeals sua sponte upon the grounds (1) that the order appealed from, insofar as it affirmed an order denying a motion to remove Hill v Smalls to Supreme Court, involves the exercise of discretion of type not reviewable by Court of Appeals, and (2) that the order appealed from in all other respects is nonfinal.  