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Bernstein v. Paul J. Feiner

NEW YORK COURT OF APPEALS


January 22, 2009

IN THE MATTER OF ROBERT B. BERNSTEIN, APPELLANT,
v.
PAUL J. FEINER, & C., ET AL., RESPONDENTS, JAY LEON, & C., ET AL., INTERVENORS-RESPONDENTS.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

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.

Appeal dismissed, without costs, in a memorandum. Acting Chief Judge Ciparick and Judges Graffeo, Read, Smith, Pigott and Jones concur.

20090122

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