Brannelly v. Donovan

New York Court of Appeals

Brannelly v. Donovan

276 N.E.2d 235, 29 N.Y.2d 748, 326 N.Y.S.2d 400, 1971 N.Y. LEXIS 1021

DecidedOctober 21, 1971

StatusPublished

This text of 276 N.E.2d 235 (Brannelly v. Donovan) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brannelly v. Donovan, 276 N.E.2d 235, 29 N.Y.2d 748, 326 N.Y.S.2d 400, 1971 N.Y. LEXIS 1021 (N.Y. 1971).

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Opinion

Appeal dismissed, with costs, upon the ground that no constitutional question is presented, in the following memorandum: Not every denial or grant of a variance necessarily raises a substantial constitutional question (Salamar Bldrs. Corp. v. Tuttle, 29 N Y 2d 221, decided herewith) and our examination of the complete record discloses that, despite some convenient reference appearing in appellants’ opposing papers on the prior motion to dismiss in this court [27 N Y 2d 1006], the purported constitutional question is an issue never litigated by either party. Instead, the appeal raises questions as to the existence of evidentiary findings alone, and for that reason should be dismissed.

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Appeal dismissed, with costs, upon the ground that no constitutional question is presented, in the following memorandum: Not every denial or grant of a variance necessarily raises a substantial constitutional question (Salamar Bldrs. Corp. v. Tuttle, 29 N Y 2d 221, decided herewith) and our examination of the complete record discloses that, despite some convenient reference appearing in appellants’ opposing papers on the prior motion to dismiss in this court [27 N Y 2d 1006], the purported constitutional question is an issue never litigated by either party. Instead, the appeal raises questions as to the existence of evidentiary findings alone, and for that reason should be dismissed.

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Bluebook (online)

276 N.E.2d 235, 29 N.Y.2d 748, 326 N.Y.S.2d 400, 1971 N.Y. LEXIS 1021, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brannelly-v-donovan-ny-1971.