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Vizzi v. Town Board

34 N.Y.2d 738 Court N.Y. Decision date 1974-05-08 Docket Action No. 1; Action No. 2 English

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p. 738
Octavius Vizzi et al., Plaintiffs, v. Town Board of the Town of Islip, Defendant. Octavius Vizzi et al., Respondents, v. Town of Islip, Appellant.
(Action No. 1.) '
(Action No. 2.)
Submitted February 11, 1974;
decided May 8, 1974.

Headnote

Reported below, 43 A D 2d 567 .
Lawrence E. Strear for motions.
Eugene E. Kelly opposed.

Motions granted and appeals dismissed, without costs. Treating the appeal from the judgment as one pursuant to CPLR 5601 (subd. [d]), the order brought up for review presents only issues which are moot. Treating the appeal from the judgment as one pursuant to CPLR 5601 (subd. [b], par. 2), the constitutional validity of a statutory provision is not the only question involved on the appeal. The order of the Appellate Division does not finally determine the action within the meaning of the Constitution.