Stambach v. Pierce — 77 N.Y.2d 821

Majority

p. 821

William L. Stambach, by His Guardian ad Litem, William Kenyon, et al., Appellants, v Leon Pierce, Respondent. William L. Stambach, by His Guardian ad Litem, William Kenyon, et al., Appellants, v Cheshire Volunteer Fire Company, Inc., Respondent, et al., Defendant.

Submitted November 5,13, 1990;

decided January 8, 1991

p. 822

Motion to dismiss appeal taken as of right granted and appeal dismissed, with $400 costs and $100 costs of motion, upon the ground that no appeal lies as of right from the unanimous order of the Appellate Division absent the direct involvement of a substantial constitutional question (CPLR 5601).

Motion for leave to appeal denied, with $100 costs and necessary reproduction disbursements.