DI BELLA v. DI BELLA


47 N.Y.2d 828 (1979)

Louis Di Bella, Appellant, v. Maria L. Di Bella, Also Known as Maria L. Rivera, Respondent.

Court of Appeals of the State of New York.

Decided May 31, 1979.


Attorney(s) appearing for the Case

Michael M. Platzman and Louis Noah Forman for appellant.

Murray Ramson for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur.


MEMORANDUM.

Order affirmed for the reasons stated in the memorandum of the Appellate Division. In addition, plaintiff's constitutional challenge to the statute on equal protection grounds, having been raised for the first time on this appeal, is not entitled to be reviewed by us. It has long been the settled rule that, unless a constitutional argument is properly raised for decision below, it will not be considered in this...

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