Matter of Bernstein v Paul J. Feiner, & c.

Matter of Bernstein v Feiner 2009 NY Slip Op 00265 [11 NY3d 917] January 22, 2009 Court of Appeals Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, March 18, 2009

[*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.

APPEARANCES OF COUNSEL

Robert B. Bernstein, Hartsdale, appellant pro se.

Timothy W. Lewis, Town Attorney, Greenburgh (Richard L. Marasse of counsel), for respondents.

Keane & Beane, P.C., White Plains (Nicholas M. Ward-Willis and Richard L. O'Rourke of counsel), for intervenors-respondents.

{**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.