Matter of Bernstein v Feiner, 11 NY3d 917 (2009)

2009 NY Slip Op 00265 [11 NY3d 917]
January 22, 2009
Court of Appeals

[*1]

In the Matter of Robert B. Bernstein, Appellant,
v
Paul J. Feiner, as Town Supervisor of the Town of Greenburgh, et al., Respondents.

Argued January 13, 2009; decided January 22, 2009

Matter of Bernstein v Feiner, 50 AD3d 212, appeal dismissed.

{**11 NY3d at 918} OPINION OF THE COURT

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 [*2]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.

Acting Chief Judge Ciparick and Judges Graffeo, Read, Smith, Pigott and Jones concur.{**11 NY3d at 919}

Appeal dismissed, without costs, in a memorandum.