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MATTER OF DI CHIARO v. NEW YORK CITY POLICE PROP. CLERK

32 N.Y.2d 767 (1973)

In the Matter of Frank Di Chiaro, Appellant, v. New York City Police Property Clerk, Respondent.

Court of Appeals of the State of New York.

Decided April 26, 1973.

Attorney(s) appearing for the Case

Helaine Barnett and Kalman Finkel for appellant.

Norman Redlich, Corporation Counsel (Leonard Koerner and Stanley Buchsbaum of counsel), for respondent.

Louis J. Lefkowitz, Attorney-General (Maria L. Marcus and Samuel A. Hirshowitz of counsel), in his statutory capacity under section 71 of the Executive Law.

Appeal dismissed, without costs, upon the ground that the constitutionality of the statute involved was not raised below and may not be raised for the first time in this court. The question may, however, be raised on appeal to the Appellate Division. (Cohen and Karger, Powers of the New York Court of Appeals, § 55,...

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