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BUNIS v. CONWAY

13 N.Y.2d 1143 (1964)

Nathan J. Bunis, Doing Business under the Firm Name and Style of Clinton Book Shop, Appellant, v. John J. Conway, Jr. (John C. Little, Jr.), as District Attorney of Monroe County, Respondent.

Court of Appeals of the State of New York.

Decided January 16, 1964.

Attorney(s) appearing for the Case

Thomas M. Hampson and Charles Rembar for appellant.

John C. Little, Jr., District Attorney (S. K. Pollard of counsel), for respondent.

Concur: Chief Judge DESMOND and Judges BURKE, SCILEPPI and BERGAN. Dissent: Judges DYE, FULD and VAN VOORHIS.

Appeal dismissed, without costs, upon the ground that it presents questions other than the constitutionality of a statute (N. Y. Const., art. VI, § 3, subd. b, par. [2]; Civ. Prac. Act, § 588, subd. 4, now CPLR 5601, subd. [b], par. 2).

Judges DYE, FULD and VAN VOORHIS dissent from the dismissal of the appeal in the following memorandum: The direct appeal taken by the plaintiff, pursuant to Constitution (N. Y. Const., art. VI, § 3, subd. b, par. [2...

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