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MATTER OF KACHALSKY v. CACACE

SSD 4.

14 N.Y.3d 743 (2010)

925 N.E.2d 80

899 N.Y.S.2d 748

In the Matter of ALAN KACHALSKY, Appellant, v. SUSAN CACACE, a Judge of the Westchester County Court, Respondent.

Court of Appeals of New York.

Decided February 16, 2010.

Attorney(s) appearing for the Case

Alan N. Kachalsky , Rye Brook, appellant pro se.

Andrew M. Cuomo , Attorney General, New York City ( Sasha Samberg-Champion , Barbara D. Underwood and Benjamin Gutman of counsel), for respondent.

Concur: Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, PIGOTT and JONES. Judge SMITH dissents and votes to retain jurisdiction in an opinion.

OPINION OF THE COURT

Appeal dismissed, without costs, by the Court of Appeals, sua sponte, upon the ground that no substantial constitutional question is directly involved.

SMITH, J. (dissenting).

I dissent because I think the dismissal of this appeal exemplifies an amorphous definition of "substantial constitutional question" that is at odds with CPLR 5601 (b) (1) and the New York Constitution.

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