Hyperlawhypertext legal databasebeta Tabankin v. Codd 40 N.Y.2d 893

← Cases

Tabankin v. Codd

40 N.Y.2d 893 Court N.Y. Decision date 1976-10-19 English

Contents

Majority

p. 893
Howard Tabankin, Appellant, v Michael Codd, as Police Commissioner of the City of New York, Respondent.
Argued September 13, 1976;
decided October 19, 1976
David I. Caplan for appellant.
W. Bernard Richland, Corporation Counsel (Alfred Weinstein and L. Kevin Sheridan of counsel), for respondent.
p. 894
Appeal dismissed, with costs. Since the constitutional issues on the basis of which this appeal is taken are but a restatement of questions whose merit has been clearly adjudicated against appellant’s position (e.g., United States v Miller, 307 US 174 ; Presser v Illinois, 116 US 252 , 265; United States v Cruikshank, 92 US 542 , 553; Matter of Moore v Gallup, 267 App Div 64 , 67, affd 293 NY 846 ; Burton v Sills, 53 NJ 86 , app dsmd 394 US 812 ; United States v Karnes, 437 F2d 284 , cert den 402 US 1008 ), they must be held to lack the requisite substantiality to sustain this appeal as of right under CPLR 5601 (subd b, par 1) (People ex rel. Uviller v Luger, 38 NY2d 854 ). Accordingly, it must be dismissed (Cohen and Karger, Powers of the New York Court of Appeals, § 55, p 254).

Cases cited