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Freeman v. Lamb

28 N.Y.2d 539 Court N.Y. Decision date 1971-01-07 English

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p. 539
Hyman B. Freeman et al., Respondents, v. Frank T. Lamb et al., as Councilmen of the City of Rochester, et al., Appellants, et al., Defendants.
Argued December 7, 1970;
decided January 7, 1971.

Appeal dismissed, without costs, upon the ground that an appeal does not lie as of right because a constitutional question is not directly involved within the meaning of the Constitution (Matter of Haydorn v. Carroll, 225 N. Y. 84 , 87-88; N. Y. Const., art. VI, § 3; CPLR 5601, subds. [b], [d]; Cohen and Karger, Powers of the New York Court of Appeals, §§ 57, 59; 7 Weinstein-Korn-Miller, N. Y. Civ. Prac., pars. 5601.07-5601.09).