| 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 |
| 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.
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.