Bernstein v. Feiner

New York Court of Appeals

Bernstein v. Feiner

902 N.E.2d 435, 11 N.Y.3d 917

Procedural entryThis page is a short order in Bernstein v. Feiner. Read the opinion of the Court — 11 N.Y.3d 767 →

New York Court of Appeals·Decided January 22, 2009·Published

Opinion

OPINION OF THE COURT

Memorandum.

The appeal should be dismissed, without costs, upon the ground that no substantial constitutional question is directly involved.

Although petitioner’s facial and as-applied challenges to the Finneran Law (L 1982, ch 891) were addressed by the Appellate Division, they are not substantial. Petitioner’s facial challenge, insofar as it is predicated on New York Constitution article VIII, § 3, was not raised at the Appellate Division and therefore was not directly involved.

Acting Chief Judge Ciparick and Judges Graffeo, Read, Smith, Pigott and Jones concur.

[919]*919Appeal dismissed, without costs, in a memorandum.

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OPINION OF THE COURT

Memorandum.

The appeal should be dismissed, without costs, upon the ground that no substantial constitutional question is directly involved.

Although petitioner’s facial and as-applied challenges to the Finneran Law (L 1982, ch 891) were addressed by the Appellate Division, they are not substantial. Petitioner’s facial challenge, insofar as it is predicated on New York Constitution article VIII, § 3, was not raised at the Appellate Division and therefore was not directly involved.

Acting Chief Judge Ciparick and Judges Graffeo, Read, Smith, Pigott and Jones concur.

[919]*919Appeal dismissed, without costs, in a memorandum.

Bernstein v. Feiner, 902 N.E.2d 435, 11 N.Y.3d 917 (N.Y. 2009).

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