Majority
p. 917[902 NE2d 435, 874 NYS2d 1] In the Matter of Robert B. Bernstein, Appellant, v Paul J. Feiner, as Town Supervisor of the Town of Greenburgh, et al., Respondents. Argued January 13, 2009; decided January 22, 2009
p. 918
APPEARANCES OF COUNSEL
Robert B. Bernstein, Hartsdale, appellant pro se.
Timothy W. Lewis, Town Attorney, Greenburgh (Richard L. Marasse of counsel), for respondents.
Keane & Beane, P.C., White Plains (Nicholas M. Ward-Willis and Richard L. O’Rourke of counsel), for intervenorsrespondents.
OPINION OF THE COURT
Memorandum.
The appeal should be dismissed, without costs, upon the ground that no substantial constitutional question is directly involved.
Although petitioner’s facial and as-applied challenges to the Finneran Law (L 1982, ch 891) were addressed by the Appellate Division, they are not substantial. Petitioner’s facial challenge, insofar as it is predicated on New York Constitution article VIII, § 3, was not raised at the Appellate Division and therefore was not directly involved.
Acting Chief Judge Ciparick and Judges Graffeo, Read, Smith, Pigott and Jones concur.
p. 919
Appeal dismissed, without costs, in a memorandum.