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FREEMAN v. LAMB

28 N.Y.2d 539 (1971)

Hyman B. Freeman et al., Respondents, v. Frank T. Lamb et al., as Councilmen of the City of Rochester, et al., Appellants, et al., Defendants.

Court of Appeals of the State of New York.

Decided January 7, 1971.

Appeal dismissed, without costs, upon the ground that an appeal does not lie as of right because a constitutional question is not directly involved within the meaning of the Constitution (Matter of Haydorn v. Carroll, 225 N.Y. 84, 87-88; N. Y. Const., art. VI, § 3; CPLR 5601, subds. [b], [d]; Cohen and Karger, Powers of the New York Court of Appeals, §§ 57, 59; 7 Weinstein-Korn-Miller, N. Y. Civ. Prac., pars. 5601...

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