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In re the Adoption of David A. C.

43 N.Y.2d 708 Court N.Y. Decision date 1977-11-17 English

Contents

Majority

p. 708
In the Matter of the Adoption of David A. C. (Anonymous). Kazim M. et al., Respondents; Abdiel C., Appellant. In the Matter of the Adoption of Denise C. (Anonymous). Kazim M. et al., Respondents; Abdiel C., Appellant.
Argued October 13, 1977;
decided November 17, 1977
APPEARANCES OF COUNSEL
Robert H. Silk for appellant.
Morris Schulslaper for respondent.
p. 709
OPINION OF THE COURT

Memorandum.

Appeal dismissed, with costs. The purportedly direct and dispositive constitutional issues underlying this appeal are no more than a restatement of questions whose merit has been clearly resolved against appellant’s position (Matter of Malpica-Orsini, 36 NY2d 568 , app dsmd sub nom. Orsini v Blasi, 423 US 1042 ), and must be held to lack the degree of substantiality necessary to sustain this appeal as of right under CPLR 5601 (subd [b], par 1) (Tabankin v Codd, 40 NY2d 893 ; People ex rel. Uviller v Luger, 38 NY2d 854 ; see NY Const, art VI, § 3, subd b). Accordingly, it must be dismissed (Cohen and Karger, Powers of the New York Court of Appeals, § 55, p 254).

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur in memorandum.

Appeal dismissed.

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