Not overruled or negatively treated on appealinfoCoverage
Court of Appeals of the State of New YorkOct 19, 1976
40 N.Y.2d 893 (N.Y. 1976)
40 N.Y.2d 893357 N.E.2d 1017389 N.Y.S.2d 362

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Argued September 13, 1976

Decided October 19, 1976

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, ARNOLD L. FEIN, J.

David I. Caplan for appellant.

W. Bernard Richland, Corporation Counsel (Alfred Weinstein and L. Kevin Sheridan of counsel), for respondent.

Appeal dismissed, with costs. Since the constitutional issues on the basis of which this appeal is taken are but a restatement of questions whose merit has been clearly adjudicated against appellant's position (e.g., United States v Miller, 307 U.S. 174; Presser v Illinois, 116 U.S. 252, 265; United States v Cruikshank, 92 U.S. 542, 553; Matter of Moore v Gallup, 267 App. Div. 64, 67, affd 293 N.Y. 846; Burton v Sills, 53 N.J. 86, app dsmd 394 U.S. 812; United States v Karnes, 437 F.2d 284, cert den 402 U.S. 1008), they must be held to lack the requisite substantiality to sustain this appeal as of right under CPLR 5601 (subd b, par 1) (People ex rel. Uviller v Luger, 38 N.Y.2d 854). Accordingly, it must be dismissed (Cohen and Karger, Powers of the New York Court of Appeals, § 55, p 254).

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