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Common Council v. Town Board

69 N.Y.2d 898 Court N.Y. Decision date 1987-04-02 English

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p. 898
Common Council of the City of Middletown, Respondent, v Town Board of the Town of Wallkill, Appellant.
Submitted February 9, 1987;
decided April 2, 1987

Motion to dismiss the appeal granted and appeal dismissed, without costs, upon the ground that it does not lie as of right from the unanimous order of the Appellate Division absent direct involvement of a substantial constitutional question, and on the further ground that the order appealed from does not finally determine the proceeding within the meaning of the Constitution.