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11 N.Y.3d 917

Bernstein v. Feiner

New York Court of Appeals

Decided January 22, 2009

New York Court of Appeals · decided 2009-01-22

Cited by 1 later decisions — most recently March 2010

Good law ✅— No negative treatment on recordhow we know

Decided 2009-01-22

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¶1OPINION OF THE COURT

¶2Memorandum.

¶3The appeal should be dismissed, without costs, upon the ground that no substantial constitutional question is directly involved.

¶4 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.

¶5Acting Chief Judge Ciparick and Judges Graffeo, Read, Smith, Pigott and Jones concur.

¶6*919Appeal dismissed, without costs, in a memorandum.

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