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
New York Court of Appeals·Decided May 31, 1979·Published·Cited by 8 cases

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

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).

392 N.E.2d 564 (Di Bella v. Di Bella) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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)