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Di Chiaro v. New York City Police Property Clerk

32 N.Y.2d 767 Court N.Y. Decision date 1973-04-26 English

Contents

Majority

p. 767
In the Matter of Frank Di Chiaro, Appellant, v. New York City Police Property Clerk, Respondent.
Argued March. 22, 1973;
decided April 26, 1973.
p. 768
Helaine Barnett and Kalman Finkel for appellant.
Norman Redlich, Corf oration Counsel (Leonard Koerner and Stanley Buchsbaum of counsel), for respondent.
Louis J. Lefkowits, Attorney-General (Maria L. Marcus and Samuel A. Hirshowits of counsel), in his statutory capacity under section 71 of the Executive Law.

Appeal dismissed, without costs, upon the ground that the constitutionality of the statute involved was not raised below and may not be raised for the first time in this court. The question may, however, be raised on appeal to the Appellate Division. (Cohen and Karger, Powers of the New York Court of Appeals, § 55, pp. 251, 252.)

Statutes and regulations cited