Home/New York Court of Appeals/Di Bella v. Di Bella

Di Bella v. Di Bella

392 N.E.2d 564, 47 N.Y.2d 828, 418 N.Y.S.2d 577, 1979 N.Y. LEXIS 2099
CourtNew York Court of Appeals
DecidedMay 31, 1979
StatusPublished
Cited by8 cases

This text of 392 N.E.2d 564 (Di Bella v. Di Bella) 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
Di Bella v. Di Bella, 392 N.E.2d 564, 47 N.Y.2d 828, 418 N.Y.S.2d 577, 1979 N.Y. LEXIS 2099 (N.Y. 1979).

Opinion

OPINION OF THE COURT

Memorandum.

Order affirmed for the reasons stated in the memorandum of the Appellate Division. In addition, plaintiffs constitutional challenge to the statute on equal protection grounds, having been raised for the first time on this appeal, is not entitled to be reviewed by us. It has long been the settled rule that, unless a constitutional argument is properly raised for decision below, it will not be considered in this court (see National Organization for Women v State Div. of Human Rights, 32 NY2d 940; Cohen and Karger, Powers of the New York Court of Appeals, § 162, pp 630-631; § 169, p 641).

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Fuchsberg concur.

Order affirmed, with costs, in a memorandum.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Hudson View Park Co. v. Town of Fishkill
2025 NY Slip Op 07080 (New York Court of Appeals, 2025)
Jones v. Harrold
234 A.D.2d 717 (Appellate Division of the Supreme Court of New York, 1996)
Lichtman v. Grossbard
533 N.E.2d 1048 (New York Court of Appeals, 1988)
Greenspan v. Dutchess County Board of Cooperative Educational Services
96 A.D.2d 1028 (Appellate Division of the Supreme Court of New York, 1983)
MTR OF CAMPERLENGO v. Blum
436 N.E.2d 1299 (New York Court of Appeals, 1982)
Gorsky v. Gorsky
108 Misc. 2d 583 (New York Supreme Court, 1981)
Tumolillo v. Tumolillo
412 N.E.2d 1315 (New York Court of Appeals, 1980)
Terwilliger v. Terwilliger
103 Misc. 2d 371 (New York Supreme Court, 1980)

Cite This Page — Counsel Stack

Bluebook (online)
392 N.E.2d 564, 47 N.Y.2d 828, 418 N.Y.S.2d 577, 1979 N.Y. LEXIS 2099, Counsel Stack Legal Research, https://law.counselstack.com/opinion/di-bella-v-di-bella-ny-1979.