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Katz v. Shapiro

45 N.Y.2d 833 Court N.Y. Decision date 1978-09-21 English

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p. 833
In the Matter of Simon Katz, Doing Business as Elmhurst Manor Home For Adults, et al., Appellants, v Bernard Shapiro, as Executive Director of the Board of Social Welfare of the State of New York, et al., Respondents.
Submitted August 21, 1978;
decided September 21, 1978

Motion to dismiss the appeal herein granted and the appeal dismissed, with costs and $20 costs of motion, upon the grounds that (1) as to the appeal from the May 1, 1978 order

p. 834
of the Appellate Division, no substantial constitutional question is directly involved, and (2) as to the appeal from the July 25, 1978 order of the Appellate Division, the order does not finally determine the proceeding within the meaning of the Constitution. Motion for a stay dismissed as academic.