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VIZZI v. TOWN BD. OF THE TOWN OF ISLIP

34 N.Y.2d 738 (1974)

Octavius Vizzi et al., Plaintiffs, v. Town Board of the Town of Islip, Defendant. (Action No. 1.) Octavius Vizzi et al., Respondents, v. Town of Islip, Appellant. (Action No. 2.)

Court of Appeals of the State of New York.

Decided May 8, 1974.

Attorney(s) appearing for the Case

Lawrence H. Strear for motions.

Eugene E. Kelly opposed.

Motions granted and appeals dismissed, without costs. Treating the appeal from the judgment as one pursuant to CPLR 5601 (subd. [d]), the order brought up for review presents only issues which are moot. Treating the appeal from the judgment as one pursuant to CPLR 5601 (subd. [b], par. 2), the constitutional validity of a statutory provision is not the only question involved on the appeal. The order of the Appellate Division does not finally determine the action within the...

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