Duffy v. Wetzler — 79 N.Y.2d 976

Majority

p. 976

Eugene H. Duffy et al., on Behalf of Themselves and All Others Similarly Situated, Appellants, and Albert Engel et al., Proposed Intervenors-Appellants, v James W. Wetzler, Individually and as Commissioner of Taxation and Finance of the State of New York, et al., Respondents.

Submitted March 30, 1992;

decided April 7, 1992

Appeal from so much of the Appellate Division order as affirmed Supreme Court’s orders denying plaintiffs’ postjudgment motions to renew or reargue the denial of class certification, for permission to add interveners, and to supplement plaintiffs’ pleadings, dismissed, without costs, by the Court of Appeals sua sponte, upon the ground that that portion of the order appealed from does not finally determine the action within the meaning of the Constitution; appeal otherwise dismissed, without costs, by the Court of Appeals sua sponte, upon the ground that no substantial constitutional question is directly involved.

Judge Simons taking no part.