| Matter of Roger Rowe v Thomas F. Whelan, etc. |
| Motion No: |
| Slip Opinion No: 2024 NY Slip Op 60399 |
| Decided on January 11, 2024 |
| Court of Appeals Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and subject to revision before publication in the Official Reports. |
In the Matter of Roger Rowe,
Appellant,
v
Thomas F. Whelan, etc., et al.,
Respondents.
Appeal from the June 2023 Appellate Division order denying reargument or leave to appeal dismissed without costs, by the Court Times-Italic sua sponte, upon the ground that the order appealed from does not finally determine the proceeding within the meaning of the Constitution; appeal, insofar as also treated as taken from the March 2022 Appellate Division judgment, dismissed without costs, by the Court sua sponte, upon the ground that no appeal lies as of right from the unanimous judgment of the Appellate Division absent the direct involvement of a substantial constitutional question (see CPLR 5601).
Judge Halligan took no part.