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In re the Adoption of David A. C.

372 N.E.2d 42, 43 N.Y.2d 708
New York Court of Appeals·Decided November 17, 1977·Published·Cited by 8 cases

Opinion

[709]*709OPINION OF THE COURT

Memorandum.

Appeal dismissed, with costs. The purportedly direct and dispositive constitutional issues underlying this appeal are no more than a restatement of questions whose merit has been clearly resolved against appellant’s position (Matter of Malpica-Orsini, 36 NY2d 568, app dsmd sub nom. Orsini v Blasi, 423 US 1042), and must be held to lack the degree of substantiality necessary to sustain this appeal as of right under CPLR 5601 (subd [b], par 1) (Tabankin v Codd, 40 NY2d 893; People ex rel. Uviller v Luger, 38 NY2d 854; see NY Const, art VI, § 3, subd b). Accordingly, it must be dismissed (Cohen and Karger, Powers of the New York Court of Appeals, § 55, p 254).

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

Appeal dismissed.

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In re the Adoption of David A. C., 372 N.E.2d 42, 43 N.Y.2d 708 (N.Y. 1977).

372 N.E.2d 42 (In re the Adoption of David A. C.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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