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MATTER OF BERNSTEIN v. FEINER

11 N.Y.3d 917 (2009)

In the Matter of ROBERT B. BERNSTEIN, Appellant, v. PAUL J. FEINER, as Town Supervisor of the Town of Greenburgh, et al., Respondents.

Court of Appeals of the State of New York.

Decided January 22, 2009.

Attorney(s) appearing for the Case

Robert B. Bernstein, Hartsdale, appellant pro se.

Timothy W. Lewis, Town Attorney, Greenburgh (Richard L. Marasse of counsel), for respondents.

Keane & Beane, P.C., White Plains (Nicholas M. Ward-Willis and Richard L. O'Rourke of counsel), for intervenors-respondents.

Concur: Acting Chief Judge CIPARICK and Judges GRAFFEO, READ, SMITH, PIGOTT and JONES.

OPINION OF THE COURT

MEMORANDUM.

The appeal should be dismissed, without costs, upon the ground that no substantial constitutional question is directly involved.

Although petitioner's facial and as-applied challenges to the Finneran Law (L 1982, ch 891) were addressed by the Appellate Division, they are not substantial. Petitioner's facial challenge, insofar as it is predicated on New York Constitution article VIII, § 3, was not raised at the...

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